The History of the Decline and Fall of the Roman Empire

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/^^ A^^i^^ir^^/^

THE

HISTORY

OF T H £

DECLINE AND FALL

OP T H E

ROMAN EMPIRE.

iBY EDWARD GIBBON, Esq.

VOLUME THE EIGHTH.

tf *■'•'_,

DUBLIN?

I«UK£ WHI TE, 86, DAM E«^TaEET>

«|,2>CC9l<ZZXVIII«

• • • • •

f • • • • •

CONTENTS.

CHAP- XLIV,

lieu of the Roman Jurif prudence. -^The Laws of
the Kings. — The Twelve Tables of the Decemvirs.
— The Laws of the People. — The Decrees of the
Senate. — The EdiSls of the Magijirates andEm-
perors. — Authority of the Civilians. '-^-Ode^ Pan^
deSls^ N&vels^ and Inftitutes of Juftinian : — ^I.
Rights of Ptrjhns.^ll. Rights of Things.-^llh
Private Injuries, and Anions. — ^IV. Crimes and
Punifltments. Page i

CHAP. XLV.

Reign^ the younger Jufiin^^^^Embaffy of the Avars,
-^neir Settlement on the Danube. ^-^Congueft of
Italy by the Lombards. — Adoption and Keign of
Tiberius. — Of Maurice. — State of Italy undet
the Lombards and the Exarchs. — Of Ravenna. — ^
Diftrefs of Rome, — Chara£ler and Pontificate 6f
Gregory the Firjl^ i oi

CHAP.

O^ONTENTS-

C H A P^ XLVL

Resolutions of Perjia after the Death of ChofroeS
or NuJhiryan,''^His Son Hortnouz^ a T^yrant^ is
d^^edl^UfHTpation of Baharam. — Flight and
Refioration of Chofroes II. His Gratitude to the
Romans, — The Chagan of the Avars , '■^Revolt of
the Army againji Maurice.-^His Death. — Tjy*
ranny of Phocas. — Elevation of Heraclius. — The
Perjian war;. — Chqfro^s fubdueS Syria^ Egypt^
and Afia Minor, -^^Siege of Conjiantinople by the
Perfians and Avars,— Perfian Expeditions. — Vic-
tories and Triumph of Heraclius. Page 155.

CHAP- XLVIT.

Theological Hi/lory of the DoSlrine of the Incarna^
tim -^The Human and Divine Nature of Ckriji,
— Enmity of the Patriarchs of Alexandria and
Omfiantinople. — St, Cyril and Neftorius, — Third
General Council of Ephefus. — Herefy of Eutyches.
-^Fourth General Council of Chalcedon, — Civil
and Ecclejkjiital t>ifcord. — Intolerance of Jufti^
nian. — The Three Chapters. — The Monothelite
Coniroverfy, — State of the Oriental SeHs :—h
The Nejlorians, — IL Ihe Jacobites, ^^lll. The
Maronites,'^lV:The Armenians. — ^V. The Copts.
— VI. Tbe Abyfmians. %S5

THE

HISTORY

OF TH E

DECLINE AND FALL

OF THE

ROMAN EMPIRE.

CHAP. XLIV,

Idea of the Roman Jur if prudence. ^^The Laws of
the Kings. — The Twelve TaUesof the Decemvirs.
— The Laws of the People. — The Decrees of the
Senate. — The Ed'as of the Magiftrates and Ern^
perors. — Authority of the Gvilians.-'^ode^ Pan--
de£lSy Novels^ and Infiitutes of Jufiinian : — I,
Rights of Perfons.—\\. R^hts of Things.— UL
Private Injuries and AHions.'^lY. Crimes and
Punijhments.

A HE vain titles of the viftories of JuftinianThecmior
are crumbled into duft : but the name of the^^**°^^T*
legiflator is infcribed on a fair and everlafting
monument. Under his reign, and by his care^
the civil jurifprudcnce was digcfted in the im-
mortal works of the Code, the Pandects* and
Vol. VIII. B the

TH^^ECLINE AND FALL

the Institutes (i) : the public reafon of the
Romans has been filently or ftudioufly tranfufed
into thedomefticinftitufions of Europe(2), and
the Jaws of Juftinian ftill command the refpedt
or obedience of independent nations. Wife
or fortunate is the prince who connedts his own
r^....^ reputation with the honour and intereft of a per-
petual order of men. The defence of their foun-
der is the firft caufe, which in every age has ex-
crcifed the zeal and induftry of the civilians. They
pioufly commemorate his virtues ; diffemble or
deny his failings ; and fiercely chaftife the guilt
or folly of the rebels, who prefume to fully the
majefty of the purple. The idolatry of love hais
provoked, as it ufually happens, the rancour of
oppofition ; the charadler of Juftinian has been
expofed to the blind vehemence of flattery and
invedtive, and the injuftice of a feft (the yfo/r-
Tribonians) has refufed all praife and merit to the
prince, his minifters, and his laws (3). Attached
., ^ ^ to no party, interefled only for the truth and
\' ^' ca;ndour of hiftory, and direiicd by the moil

tempe-

f 1) *tht cfvf^tm rf ikt darker ages h«ve c ftaWiflwd *n ibfimJ tnd In-
tonipctfacDiSbie mode of qaotfttlan, ^icb is fapporee^ by Autkortty ftnd
cuiiom. In their rtftrences to the Code« the Pandcds^ and the Infti^
tutit«, thtfy tttttrfoft the tttinlbcr, fttrt of the hok^ htit onVf of the &Vb ;
^nd Uatenfc tlKiAfelvet with reciting the firft w»r^ &f the titit to
^hich it belongs -, boA df theic titles there are more than a thottfaod.
LWe^ig* (Vk. JufthihW?, p. ft6'^.> wfThe* tofliake off tW«p«tf*««c
yoke ; and T have dared to adopt the iimple and rattioaal meiho^ of
' numbering the book, the title, and the law.

(2) German:^, Bohemia, Hungary, Poland, and Scotland, have re-
ceived them as "common law or reafon; In France, Italy, &c. tllCf ^
^609f) a dk-eS or iodirea Uftdcuca ), arf4 (hoy ^eve ref^ded It Ene^-
land, from Srophcn to Edward ,1 our national Juftinun (Duck, dc
tJfil at AttAortt«K« Jurk C ivilK 1. ii. d, «. 8^ i 5, Ktt'ndiUiiua, Hril.
Ju»U Odcdlanici, c. 3, 4. N^ SrS— ^M- »«^ ^ ^^ hiOoiiafis of
each country.)

(3) Ftfands HHtoriUttly a Uartieilalid tcuEfi ia.tlryir of tlM xvtlb <leiK
tnry, ^liksA ta i&oftify Ci^atflus and to pleafe the CbaticeUor de THo-^
Aital. His Anti-Triboniafius (which I ha^c fievcf bcdn able to pro-
cure) #as ^ttbtKted ia Pitendk m ^9 \ ^^ ^^» ^«^ ^^^ f foi»aga^e4 ife
GtulMoy (Hekecdusy Opp. lorn. $. fyllogciii. p. M'J*''^^^^'

OF THE ROM AKEMPIRE. 3

tem()erate and ikilful guides (4), I enter with
juft diffidence on the fubjedt of civil law, which
has exhaufted (o many learned lives, and clothe
ed the walls of fuch fpacious libraries. In a fm^
gle, if pcrfTible, in a fliort chapter, I (hill trac« '^^,-^'^
the Roman jurifprudence from RomUlus to Juf-
tinian (5), appreciate the labours of that tihp^'^
rofy and paufe to conlempUte the principles of
a fcience fo impottant to the peace and ha^pine^ ^
of fdciety. The laws of a hation form the moft
inftru£tive portion of its hiftory ; and, alfhough
I have devoted myfclf to write the arinals ot a
declining monarchy, I (hall enlbract the o(tca-
fion to breathe the putt and tnvigorslling iir of
the republic*

The primitive government of Rome (6) was ttwtofth©
compofed^ with fome political (kill, of an eke* k»r of
tivckingy a council of nobles^ and a general t(^^/^!!..>
iembly of the people* War and religion v^ere '
adminifleted by the fupreme niagiftrate ; ind hfc
aiont propofed thd laws, which were debated irl
the fenate, and finally ratified or rejedked by a
B z majo-*

(4) At tiM bM4 of thefe txAdtty I (hall M^lK^fuily pitctt the le«ni«d
tnd perfpicttous licincQCiw, a German pro'fetfor, i^ho died at Mallfc ia
the fddr 1741 (ke hU tAoi^ti lA «he Nottvtlk Bibli«thdqtKt O^iUiatfiqiM,
toto. K. f . ^i-^4.)* Hi< ample work< have been Collefled in eight
▼olnmes lA 4to. Ccneva, 1743—1748. The treUtfes Which I have
feptotfUly iiAid ai^, 1. Hiffbria Jurit Rdnntiii et G^rm^Aifii, Lfigd.
B%uv. M40, irnH^. a. Syfttagma Antiqoititum Romanam Jurifpru-
dentiam Illaftrantiiim, « vols, in 8\ Tr«je^. ad fthenttm., 3. £ie-r
namtk Jvii-it Civllii CitmititA OrcEnett laftitttioMnL^ L«gd. Bat.
17$!, in 8*. 4. Blementa J. C. fecundam Ordinem randedtarum^
TTtjtd. i77i» in 8«, a vols.

(5) Oar original text is a fragment dc Origine Juris (Pandect. 1. 11.
tU. a.}, ^ Poidpc»M«» « Roman Mwyer, who lived under the An-
tobinas (Hainecc. torn/ iit. fyl. iii. p. 66'^ivl6.), It has been al>r!d|-
ed, afld probttUy cormpted, by Triboaian, and fince refltored by Byp- .
kerihoek (Opp. torn. i. p. a79— 304*)*

(6) The coniUttttional bUUries of the Kiays of Rome may be fta«

died in the firfl book of Livy, mul more copioafty in Dionyfiua Halicat* ^-^
aaflcnSs (1, ii. p. 80-^. 119—130. 1. iv. p. i9S->— 20^.}^ who
fometimes betrays the chara^cr of a Rhetorician tod a Ctetk,

THE DECLINE AND FALL

majority of Votes in the thirty curia or parifhe^
of the city.- Romulus, Numa, and Servius
TuIJius, are celebrated as the mod ancient le-
giflators ; and each of them claims his peculiar
part in the threefold divifion of jurifprudence(7).
The laws of marriage, the education of children,
and the authority of parents, which may feem

^^^to draw their oiigin from nature itfelf, arc afcrib-
ed to the untutored wifdom of Romulus. The
law o{ nations and of religious worfhip, which
Numa introduced, was derived from his noftur-
nal converfe with the nymph Egeria. The civil
law is attributed to the experience of Servius :
he balanced the rights and fortunes of the feven
clafles of citizens ; and guarded, by fifty new
regulations, the bbffervance of contrafts and the
punilhment of crimes. The ftate, which he
had inclined towards a democracy, was changed
by the laft Tarquin into lawlefs defpotifm j and
when the kingly office was abolilhed, the patri-

xj cians engroffed the benefits of freedom. The
royal laws became odious or obfolete v the myfte-
rious depofit was filently preferved by the priefts
and nobles ; and, at the end of fixty years, the
citizens of Rome (till complained that they were
ruled by the arbitrary fentence of the magiftrates-
Yet the pofitive inftttutions of the kings had
blended themfelvcs with the public and private
manners of the city ;. fome fragments of that
venerable jurifprudence (8) were compiled by the

diligence

■(7Y Thrt threefold divifion of the Utv wis tppricd to the three
Roman kings by TtfftusLipfius (Opp. torn. iv. p. 2 9.); ia adopted
by Gravin«(Origine8 Juris Civilis, p ig. edit. Vipf. 1737) ; and is rc-
Inftantly admitted by Mafcou, his German editor.

(8) The moft ancient Code or Digeft was ftyled Jus Papirianumy
from the firft compiler, Papiriiw, who flourilhed fomcwhat before or
after the Kegifugium (Pandcft 1, i'.' tit. ii. ). The bcft:jodicial critics

OFTHEROM AN EMPIRE. 5

diligence of antiquarians (9), and above twenty
texts ftill fpeak the rudenbfs of the Pelafgic
idiom of the Latins (10).

I (hall nor repeat the wfll-known fto-y of th? The twHve
Decemvirs (t(), who fuUied b> tb% adtions th ^'- J "^
honour of infcribing on brafs, or wood, or ivory, virV
the TWELVE TABLES of the Roman laws {li), t-^^
They were dictated by the rigid and jealous fpi-
rit of an ariftocracy^ which had yielded with re-
hi<5tance to Ae ju& demands x>f the people. But **• ^^

the

.even .^yakerfhock (tou^L. {.* p. Z84, 28$.) and Heineccius (Hift.
/. C. H. I. t. c. 16) 17. and Opp torn. iii. Ty'Ioge iv^ p. 1—8.)
girfi xredit to this tale of Porpp tnius, withoiyt Aiffictetttly adverting
to the value and rarity of fuch a monament of the third century, of
the iUittratt city. I biach fufped^ that the Caius Papiriuf:, the Pontifex
Majcinuis who itvived the lawt of Nnma (Dtonyf. Hal. i. iii. p.
171.), kft only an oral tradition; and that the Jus Papirianum of
Granitts Flacctts ( PandeA* 1. &.. tit.'xvi^ leg. i44«} v*«aota com*
mentarf, but sn original work, compiled in the time of C9eC|r(Cen-
forin. de Die Katali, 1. iii. p. ty Daker de pitinitate J. C. p.

(9)^^ pompous though feeble, attempt to r^ftore the original, is
madefn theHidoire de la Jurifprudence K.omaine of Teraffon, p. 21
^^1. Parts, 1750, in folio ; a work of more promife than perfor-
mance.

(10) In the year 1444, fcven or eight tables of brafs were dug up bc«
twrcn Cortona and Gubio. A part of thefe, for the reft is Etrufcan, re*
prcfents the primitive. ftate of the Pelafgic letter^ and languagp, which
arc afcribed by Herodotus to that diftrift of Italy (1. i. c, 56. $7 58,);
though this diflicult paiAge may be explained of a Creftona in Thrace
(Notes de I^a^cher, torn. i. p. 4S6— r25i.). The favagc dialed of
the Engubine 'table« has exerclfed, and may ftill elude, the divination of
criticifm ; but the root is undoubtedly Latin, of the fiim^ age «nd
character as the Saliare Carmen, which, in the time of Horace, none
could underftand. The Roman idiom, by an infu/i< n of Doric and
JEoWc Greek, was gradually ripened into the ftyle of the xii tables, of
theDuillign column^ of Ennius, of Terence, and of Cicero- (Griiter.
Infcript. torn. i. p- cxlii. Scipion Maffei, Iftoria Diploipatica, p,
^41 — ijy* Bibliothcquc Italique, top. iii. p. 30-741* 174 — Z05.
tom. xiv, 1—52.),

(ii ) Compare Livy (1. iij. c. 31—59 ) vrith Dionyfius Halicarnaf-
feniis (I. X p. 644-rxi. p. ^s'l-)* H?w conf:ife and animned h the
Roman — ^hc w prolix j^nd lifdcfs the G^eck ? Yet he has admirably
judged the malte-s, and defined the rules, of hiftorical compoiition

(la) From the hiftofians, Heineccius (Hift. J, R. 1. i. N° »6)
mainuins that the twelve tables were of brafs — areat: In the text 0/
Pomponius ^e read eboreas : for which Scalieer has fub(lituted rohorea,f
(Bynkerfhoek, p. a86.). Wood, brafs, and ivory, might be fucccf*
Ijvei/ employed,

THE DECLINE AND FALL

theiiibftanoe of the twelve tables wss adapted to
the ilate of the city ; and the Romans had
emerged from Barbarifm, fipcc they were capa^
ble of iHidying and embracing the inftitutions of
their more enlightened neighbour^. A wife Epher*
fmn was driven by epvy from his native country :
b^ore he could reach the fhores of Latium, he had
ebferved the various forms of human nature and
6ivi} fociety ; he imparted his knowledge to tfao
kgiflators of Rcmie, and a fiatui^ was erected ia
thi forum to the perpetual memory of Hermor
Cyprus (13). Th? nances and diviiioqs of the
«^QPper-mon^, the fple coin of the infant ftate^
were of l?orian origin (14) : the harvefts of Cam-
pmh aiid Sicily relieved the wants of a people
whofe a^culturc was often intemiptcd by vr%T
and faction ; and fince the trade was eftaUUh^p
cd (15), the deputies w^P failed from the Tyber,
might return from^ the fame harbours with a more
precious c;argp of poUtlQal wifdom, The?oIo?
nifs of Great Greece had tf anfported and im-
proved the arts pf their mother^cQwtry. Cumae
and Rhegium, Crqtona and Tarentum, Agri^
gentiim and Sywcufe, were \n the lajak pf the
moft flourifhing cities. The difciples of Pytha-
gpra§ applied philpfophy to the wfe of gpvern^
raent i the unwritten laws of Charohdas aq-

peptfixj

(13): HU eptUch ipc^t^one4by Clccto (Xufcvlan. QgaBftion. v. ^(J. ) ;

. hUftatue by Pliny (Hia. Nat. 3gcxiv.i1.). The better, dream, and

prophecy of Heraelitss are alike fpurioiis (Eplltolte Graec. Dlve^.

ft. 337.). ' '

j 1 4 ) This intricate Aibjea of the S;c|ii^n an4 H«ma9 money. Is ^hij
djicn^e^ by f>T, IBentley (piflfrtaijoii on the Epi^cs ol Phafaris, p.
427— r479. \ whofc powers in this cofltrove^fy were called forth bj ho-
Ojpar a»d relcntojc^t.

(15) The {tomans, oc their allies, ff yed as far as the mr promon*
to^ of Africa (P^lyt^ 1. Ui. p. 177. edit. Cafaubo^, in folio;. Their
V^y^fcs (9 Cumse, ^c »re fl9(iced tty MfJ v4 Piooy^us.

OF THEROMAN EMPIRE.

cq^ted the aid of poetry and mufic (16^, and
Zaleucus framed the republic of the Locr ians,
whidh fiood without alteration above two bun*
drcd yeai-s (17). From a fimiiar nwitive of na-
tional pride, both Livy and Dionyfius are willing
to believe, that the deputies of Rome vifited
Athens uxider the wife and fplendid adnaintftm» .v-^*"
tion of Peru:lea ; and the laws of Solon were;
trandfiifed into the twelve tables. If fudi an em«
bafTy had indeed been received from the Barba*
lians of Hefperia, the Roman name would have
been familiar to the Greeks before the reign of
Alexander (18) ; and the &inteA evidence would
have been explored and celebrated by the axno*
iity of fuoceeding times. But the Athenian mo«
numents areiileht i nor will it feem credible that

the

(x^) Thb csrcnrnttoae wmAd W^jie prove Hie emt^t^ pi Cli«ro»»
lUs, the legiflftter of Khegium end CMane, who, by « ftraage errqr
flf Dtodonss Sicnltts (torn. t. 1. xii. p. 48^— 491.)) U celebrated kng
ilterwtrda u the mtbor of the p^lky of <f Ivn iuiQi. .

(17) Zslevcaty whofp cKiftenct has been raihiy attacked, had the
merit Mid glory of converting a band of oodaws (the Locrians) inc* the
moft vircverps and orderfy of the Greek republics (Sec two Mf flMirea
of the Baron de St. Croix, Au* la Le^iflation de la .Grande Or^e i
Mem- <ie rAcademte, tern. xHi. p. 17^553.). But tlie l«m of Za-
le vns aad Charo«da«t which imppftd oa Diodorna and StQb«v<« ace
the rpnrions oompofitioa of a Pythagorean fophift, whofe fraud h^a
beeadeteAcd by the critical fagacity •f Beoiiey (p. 83S«^3S7')-

(iK) I ieize iheopportonitv of tracing the pcogrcfs of this national
intcrconrfc : i. Herodotus and Thucydides (A. XJ. C. 300-— 3^0.) ap-
pear ignorant of the name and exiftence of Rome (Jofeph. contra-
Apion. torn. iii. 1. i. c. la. p 444. edit. Havercarap). a. Theopom-
pus (A. U. C. 400. . Plin. iii. ^.) mentions the invaHon of the Gaah,
^hlch is noticed in loofer terms by Heracltdes-Ponticva (Pkieareb -in
Camilio, p, a^i. edit. H,1Stephan). 3. The real -o^-fibolons embaf-
fyof Che Komana to Alexander (A. U. C. 430), tsattefted byCHtar-
dms (Plin. iii. 9), by Ariftus and Afclepladcsf Arrian, 1. ^u. p. ^94^
295,), and by Mr mnon of Heraclca (apud Pbotium, cod. ccxxliv. p.
J%$,)i thonjfh tacitly denied by Livy. 4. Theophraftua (A. fJ C«
440} primua extemomm a^iqna de Romanis dih'genttns icripiit (PUn.
iii. 9). $. Lycophron(A U C 480-rSca) fcattered the firft feed of
« Trcjiui colony aiul thefable of tlie JBotiA (Caflandra^ i«ft«— u8o..) :

T9S «Ma* AffA^rti ««4rf « »st fi^ftfj^mt
A«C«rrK.
A bold pre<Kai«]i before the end «f the iSrft Psaic war ?

8 THE DECLINE AND FALL

the patricians Ihould undertake a long and peri-
, ious navigation to copy the pureft model of a de-

4 '""inocracy. In the comparison of the tables of

Solon with thofc of the Decemvirs^ fome cafual
refemblance may be found : fome rules which na-
ture and reafon have revealed to every fociety ;
, fome proofs of a common defcent from Egypt
4 ^ or Phoenicia (19). But in all the great lines of
public and private jurifprudence, the legiflators
of Rome and Athens appear to be Grangers or
adverfe to each other.
Their char Whatever mi^t be the origin or the merit of
Sfucncc? ^the twelve tables (20), they obtained among the
-"^Romans that blind and partial reverence which
^ the lawyers of every country delight to beftow
on their municipal inftitutions. The ftudy is re-
commended by Cicero (21) as equally pleafant
and inftrudtive. " They amufe the mind by the
** remembrance of old words and the portrait of
^* ancient manners : they inculcate the foundeft
*^ principles of government and morals ; and I
^* am not afraid to affirm, that the brief com-
" pofition of the Decemvirs furpaffes in genuine
" value the libraries of Grecian philofophy.
** How admirable/' fays Tully, with horicft or
afFedted prejudice, *' is the wifdom of our anr
^' ceftors. We alone are the mailers of civil

*' prudence

(19) The tenth Uble, dc modo fcpultura, was borrowed from Solon
(Cicero deLcgibus, ii. 23— 16. ) : the furtum per Uncem et licium con-
ceptum, is derived by Heinecciua from the manners of Athens (Anti-
Ik quitat. Rom. torn. ii. p. 167—175.). The right of killing a noaurnal

thief, was declared by Mofes, Solon, and the Decemvirs ( Exodus, xxii.
3. Demofthenes contra Timocratem', torn. i. p. 736. edit. Reiike.
Macrob. Saturnalia, 1. i. c. 4. CoUatio Lcgum Mofaicarum ct Roma-
narum* tit. vii. N«j. p. 4i8. edit. Canneigieter).

(20) Bp«>;|Jtf5 ««< «9rf;i#TT«p? is the praifc of Diodoras (torn."
i. 1. xii. p. 494.), which may be fairly tranflated by the elegantl
atquc abfolutS brevitatc verborum of Aulna Gellius (NoA. Attic,
xjci. I.). . ^ .

(2i)Liften to Cicero (de Le^jbus, ii. ij.) aad his reprcfcnutjve
Craffus (deOratorc, i". 43) 44-)'

OF TFiE ROMAN EMPIRE.

" prudence, and our fuperiority is the more con-
*' fpicuous, if we deign to call our eyes on the
" rude and almoft ridiculous jurifprudence of
" Dracon, of Solon, and of Lycurgus." The u--^
twelve tables were committed to the memory of
the young and the meditation of the old-, they
were tranfcribed and illuftrated with learned dili-
gence : they had efcaped the flames of the Gauls,,
they fubfilbsd in the age of Juftinian, and their
fubfequent lofs has been imperfedtly reftored by
the labours of modem critics (22^. But although
thefe venerable monuments were confidered as the
rule of right, and the fountain of juftice (23)1
they were oveprwhelmed by the weight and variety ^^ ^^.
of new laws, which, at the end of five centuries, " "
became a grievance more intolerable than the
vices of the city (24). Three thoufand brafs
plates, the ads of the fenate and the people, were
depdited in the Capitol (25) : and fome of the
adts, as the Julian law agatnft extortion, fur-
paifed flie number of an hundred chapters (26).
The Decemvirs had neglefted to import the fanc-
tion of Zaleucus, which fo long maintained the
integrity of his republic. A Locrian who pro-
pofed any new law, flood forth in theaflemblypf
the people with a cord round his neck, and if the \^^
law was rejeded, the innovator was inftantly
ftranglcd.

The

(41) Sec Hetn^ccius (Hift. J. R. N* 29—33.}- ' fe«vc foUowc<1 the.
fcltoration of the xii tables by Grivina (Origines J. C. p. s^o— 307.)
^d TerafToQ (Hift. dela Jorifpnidence Romaine, p. 94-<-^o$.).

(at) Finis «qui juris (Tacit. Aonal. i|i. 2^7.). Fobs omnis publici
Ct pnvati juris (T. Liv. iii. 34. ).

{24JDe principiis juris, ct quibas modis ad hancmultUadinemifi-
fifiiUm ac varietatem legura perventum fit akiuf differam (Tacit. Aa-.
pal. iii. 25> ). This deep difquifitioa fills only two pages ; bat they
arc the pages of Tacitus. With equal fenfe, but with lefs energy,
i,ivyj[iii. 34.) had complained, in hqc im|Xie»fQ aliarum fvper alias
ftcervktaruni legum cumulo, ^c.

(15) Suetonius in Vefpafiano, c. 8.

(z6j Cicero adFamiliares^ viii^ %,

lo THE DECLINE AND FALL

Uw8 of the The Decemvirs had been named, and their ta-
^''^^'^' bles were approved by an affembly of the centuries^
.^n which riches preponderated againft numbers.
'^^ To the firtt clafs of Romans, the proprietors of
one hundred thou&nd pounds of copper (27),
^ ^ ninety -eight votes were ail^edt and only nincty-
/ ^* five were left for the fix inferior clafles, diftn-
buted according to their fubfiance by the artful
policy of Servius, But the tribunes foon efta-
bliih^ a more fpecious and popular maxim,
\ /that every citizen has an equal right to enaft die
^t. ^ ^laws which he is bound to obey. Inftead of the
ctHturiesy they convened the tribes ; and the pa-
tricians^ after an impotent ftruggle, fubmittcd
to the decrees of an affcmblyv in which their votes
were confounded with thofe of the meaneft ple-
beians. Yet as long as the tribes fucccffively paP-
fed over narrow bridgts (28), and gave their voice
aloud, the conduft of each citizen was «cpofed
to the eyes and cars of hts friendfi and countrymen*
The infolvent debtor confuked the wiihes of his

creditor;

(2,7) DiooyHus, with ArlMithnot, MUm^ftof the oiodeifH (f xftpi
Eifenfchmidc de Poiideribus, Sec. p. 1^7— 140. ) reprefenc the loe,- 00
4^' l>y 1 0^040 Alttc drachmae, or fomewh^t more th«« 300 poands
(Tepling. B«C their cakolacioa can apply o^ly^ to (he W»m timea^
when the as was dimmlfhed to 1-24.*^ of its anilent weight : nor cao
I believe that i« the firft tg^es, however ikflitate of the precious me*
tals, a fingle ounce of fiiver could have been exchanged for feveatl^
pounds of cop^r or brafs. A more fiiftple and rational method is, to
value the copper itfclf according to the prelent rate, and, after com-
paring the mint and the market price, the Roman and averdupois
weight, the primitive as or Ron^an pound of copper inay be appreci-
t.ted at one Bngliih Ihitiing, and the 100,000 afis of the firft clafs
amounted to jooo pounds fterling. It will appear from the fiime reck*
•ning, that an ox was fold at Rome for five pounds, a (beep for ten
Otilling«, and a quarter, of wheat for one pound ten ihillings (Ptftus,
P 330. edit. Dacier. Plin. Hift. Natur. xvtii. 4.): n-r do I fee any
Mafon to reje£k thefe confeqnences, which moderate our ideas of the
poverty of the firft Romans.

(28) Confalt the common writers oa the Roman Comitit, efpeci«
tlly Sigonius and Beaufort. Spaaheim (de PrasftantiS et Ufu NumU^'
matom, torn. ii. diflert. x. p. t9a, 19}.) fliews, on a ourious medial,
the Cilia, Pontes, Septa^ Diribitor, Ak.

OF THEROMAN EMPIRE. it

creditor 5 the client would h^ve bhilh^ to ofYpoTe
the views of hi9 patron : the general wa9 foUow^^
cd by hi$ veterans, imd th^ a(pcft of 4 grtve ma^
^ftrate WW « living leflbn to the nriwltitude, A
new method of fecret bdlot aboliflied the influ— ^--'
«cc of fetr and (h««ne, of honour wd iotercft»
und the abnfe of freedom accelerated the prpgref$
of anarchy wd d^fpotifm (29). The Romans
had afpireii to be equaU they were levelled by ...
the equality of fervitude ; and the di^atea of Au- "^^
fuftufl wfre patiently ratified by the fornadcont^
fent of the tribc5 or centuriea. Once^ and Mice
only, he experi«Pfd a fincere and ftrenuoua op*
miiQii. Hie fubje&«li«d reigned all politicai
iberty ; they defended «hc ftcedom of domeftte
ifc. A law which enforced the obligation, and.
ftwigtbened tH« bonda of nuirnaget waa cla-
m^roufly rejcftid ; Propertiua, in the arms of
Ddi«* upplftu^ the viftpryof licentious love;
iBW Ae project of reform was fufpended till a
new and nior e tradable generation had a? ifen in
the world {30). Such an example was not ne-
ceilary to inftruft a prudent ufurper of the mif- ..
chief of popular aflemblies ; and their abolition^ J ' ' r
which Auguftus had filently prepared, waa accom-
pUibed without refiftance, and almoft without
noticct 911 the accelHon of his fucceflror(3i),
Sixty thoi^nd plebeian legiflafors, whom num-
bers made formidable, and poverty fecure, were ' '
fuppla»ted by fuc hundred fenators, who held .

their

(29) Gkero (<ie T.^gibti«, "t. i^, 17^ iQ,) debate? thii; con(titati-
Mftl qaeftk>n. ttid tiRga? to hln brother Q^Intys the moft unpopular ,
iiile.

(30) Pre Cnmglta recnfantiam pcr^crre non ^tn\% (Skreton. in
Ao^ttft. e« 44.). See Propertint (). i!. c\t^. 6,). Heineccfuis in »
(cpartte hiftory, Iim exhtoued the whole fubje^^ of the Julian tnd
ttjNtn-Poppfeaii Itwt (0|^. torn. vii. P. i. p. '— 479.)-

(31 ) Tkdt, Aaatl. £> t^ t*?pfia», Sxcmrfss B. in TacUnm.

iz THE DECLINE AND FALL

their honours, their fortunes, and their lives, by

the clemency of the emperor. The lofs of exe-

Decrees of cutive power was alleviated by the gift of legif-

e cMtc, j^^j^g authority ; and Ulpian might affert, after

the praAice of two hundred years, that the de-

' creesof the fenate obtained the force and validity

of laws. In the times of freedom, the refolves

/of the people had often been didkated by the

^ "^ paflion or error of the moment : the Cornelian,

Pompeian, and Julian laws, were adapted by ai

finglc hand to tne prevailing diforders : but the

fenate^ under the reign of the Caefars, was com-

pofedof magiftrates and lawyers, and in quet*

tions of private jin-ilprudence, the integrity of

^ .... /their judgment was feldonr perverted by fear or

Intereft (32).

■mdiftii of ; The filence or ambiguity of the laWs, was

thcpratorr. fuppijej by ^^^ occafioual EDICTS of thofe ma-

giftrates who were inverted with the honours of

•* theftate (33). This ancient prerogative (5f the

Roman kings, was transferred, in their refpec-f

tive offices, to the confuls and didtators^ the cfen-

fors and prastors j and a fimilar right was af-^

fumed by the tribunes of the people, the ediles,'

and the proconfuls. At Rome, and in the pro*

vinces, thedutiesof thefubje<ft, and the inten^

tions of the governor, were proclaimed 5 and the

civil jurifprudence was reformed by the annual

edidtsofthe fupreme judge, the praetor of the

city, As foon as he afcended his tribunal, he

announced

(51) Non ambigitur feflatom jus facere poiTe, is the decifioaof Ul-
pian (1. xvi. ad Edidt. in Pande^. I. i. tit. i\ . leg. 9.)* Poi^poniug
taxes the €9mitia oi the people as a tarba homlnttm (Pandedl. 1. i,
tit. ii. leg. 9.).

(33) The jus honorarium of the prxtors and other magiftrates »
ftridly de6acd in the Latiq text of the Inftitates (1. i. tit. ii. H^ 7.)^
and more loolely explained in the Qreek paraphjafe of Theophilaf
(P 33-:t38« edit. Reitz), who drops the important word i&«a#rariyM(.

OF THE ROMAN EMPIRE. 13

announced by the voice of the cryer, and after-
ivards infcribed on a white wall, the rules which
he propofcd to-follaw in the decifion of doubtful
cafes, and the relief which his equity would
afford from the precife rigour of ancient ilatutes.
A principle of difcretion more congenial to mo
narchy was introduced into the republic : the
art of rcfpcdling the name, and eluding the ef-
ficacy, of the laws, was improved by fucceffive
praetors ; fubtleties and fiftions were invented to ^
defeat the plaineil meaning of the Decemvirs,
and where the end was falutary, the means were
frequendy abfurd. The fecret or probable wifh
of the dead was fuffered to prevail over the or-
der of fucceflion and the forms of teftaments ^
and the claimant, who was excluded fipm the '
eharader of heir, accepted with equal pleafure
from ^ an indulgent praetor the poflelfion of the
goods of his late kinfman or benefadlor. In
the redrefs of private wrongs, compenf^tions and
fines were fubftituted to the obfolete rigour of
the twelve tables ; time and fpace were.annihi-.
lated by fanciful fuppofitions ; and the plea of
youth, or fraud, or violence, annulled the obli-
gation, or excufed the performance, of an incon-
venient contrad. A jurifdidlion thus vague and
arbitrary was cxpofed to the moft dangerous
abufe : the fubflance, as well as the form of
juftice, were often facrificed to the prejudices of
virtue, the bias of laudable afFeftibn, and the
groffer feduftions of intereft or refentment. But
the errors or vices of each praetor expired with
his annual office ; fuch maxims alone as had
been approved by reafon and praAice were co-
pied by fucceeding judges ; the rule of proceed-
ing was defined by the folution of new cafes ;
and

14 THE DECLINE AND FALL

and the temptations of injuftiee were removed

by the Cornelian law, which compelkd the

praetor of the year to adhere to the letter and

fpiritofMfi firii prOclamtfroh(34). If was re*'

ferved for the curiofity and learning of H&driaHy

to siccomplifh the defign which had been con«

ceived by the genius of Ctefar ; and the prsfctor^*

The perpe- (hip of Stlvius Jultan, an eminent Iaw)rer, waa

*^**^- imrttorulized by the compofition ^f the paa^^

-TUAL EBicT* This wd^dfgefled code was

ratified by tfa« emperor and the fenate ; the

long divorce cf law and equity was at length

reconciled ; and^ inftead cf the twelve tables,

the perpetual edict was fixed as the invariable

fiandard of civil jurifprudence (35).

coaftitnti. From A^tgtiilua lo Trajad^ the mdd^ft Caefara

^ ^r^ ^^^ content to promulgate their edifts in the

«»P«"*^«- ynfjQijj ehara&ers of a Roman m^iftrate : and,

in the decrees bf the fenate^ the ^ files and tfra^

tions of the prince were rcfjpeAfully tttferted*

Hadf ian (36) Appears to have been the firfl whd

aflfumed, without difguife^ the plenitude of le^^

gtilattve power And tbb innovation^ fo agree-'

able to bisi active mind, was countenanced by

the patience of the times^ and his long abfence

from

(^4)Dwii'Caite(toin. i. I. xmwi. d. roo}fix49 (he |irfpeei»ledia»
IB the year of kome 685. l^heir inlutudon, however, is afcribed to
tile ye^ $85 in iht A€tk fi^#ita» WAkh have b^tfft pabUAed firom the
pftplers 4f Lwioviciis Viv'tft. Their ftuthebtitiiy i« TiipDortcid or allowed
by I'ighius fAtoal. Homan. torn. ii. p. 377, 37^. )r Cravius (act Sue-
t«ft. p. 776. )f n«d^<n (Prs1t£kUn. CaMbdeis p 66$ }« ftAd H4i.
DiiociBt : b«t a fiaglt word, Scvtum ChiArkum^ dete^U the forgei^
(Moyfe'«Workj», vol. i. p. 303 ).

(35)Tbehifloiyof«di<lin ooiAp^ftd, «id th« itHt 9§ iht pttpt^
tQal edi£^ is rcfloiedi by the mafter hind of HciiieCciiis (Opp.tom..vii«
P. it. p. 1 —564. ) ; IB whole refearches I might fafely aCqniefce. In
the kcUeOij of IdfetiptiiHis^ M. loaclUlKf haigiVefti ferle^of AM*
moirs to this intertfftiag fubje^^ of law alid iittrature.

{36) His lav^sare the firft in Che Code. Se6 D«tfW€]l (PfcMf.
GMMMen, p. 319— '340. )> who wanders from the fvbje6k in confuicd
rtad^Hf and feeble paradox*

OF THEROMAN EMPIRE. 15

from the feat of govcrnnicnt. The fame poli-
cy was emhraced by fucceeding monarchs^ and,
according to the harlh metaphor of TertuUian, ^^,^-'
^' the gloomy and intricate foreft of ancient laws
" was cleared away by the aXe of royal man-
" dates and cmfiimims (37)." During four cen-
turies, from Hadrian to Juilintan, the public
and private jurifpiudence was moulded by the. _„
will of the fovcreign \ and few inftitutions, either ^"
human or divine^ were permitted' to ftand on
their former bafis. The origin of Imperial le-
giflation was concealed by the darknefs of ages
and the terrors of armed defpottfm ) and a dou-
ble fiction was propagated by the fetvility, or
perhaps the ignorance, of the civilians who
balked in the funftiine of the Roman and Byzan«
tine courts, i. To the prayer of the ancient
Caefars, the people or the fenate had fometimes
granted a pcrfonal exemption from the obliga* .
tion and penalty of particular ftatutes \ and each
indulgence was an aft of jurifdidtion etemifed
by tte republic over the firft of her cititens.
His humble privilege was at length transformed
into the prerogative of a tyrant ; and the Latin
exprcffion of ** releafed from the laws (38)," was
fuppofed to exalt the emperor above aU human
reftraints, and to leave his confcience and rea-
fon, as the facred meafure of his conduit. 2*
A fimilai' dependance was implied in the decrees

of

(37) Totam iUamyeUrem et fqiuIltfnictB iVlvMn le^iim novis prin-
cipaliom refcriptotum et edi£toram fecoribos raTcatts cc Ceditis ( Apo-
!o|eu c 4. p. ^o. ediu HavcrcampJ. H& procCccfs to praife the re-
cent ^nnaer< of Severus, who repealed ihe urelef* or peraicioufi Uwa
v^it&ont any regard to' their age or authority.

the \

occaison J , _

aad eriticifixi have pronounced againft that flaviih hiftorian.

i6 THE DECLINE AND FALL

ofthcfenate, which, in every reign, defined the
titles and powers of an eledive magiftrate. But
it was not before the ideas, and even the lan-
guage, of the Romans had been corrupted,
that a royal law (39), and an irrevocable gift of
the people, were created by the fancy of Ulpi-
an, or more probably of Tribonian himfelf (40):
and the origin of Imperial power, though falfe
in faft, and flavifli in its confequence, was fup>-
Tbcir legif- ported on a principle of freedom and juftice.
i*tiTc pow- " The pleafure of the emperor has the vigour
^' *' and efFedl of law, fmce the Roman people,

J *' by the royal law, have transferred to their
** prince the full extent of their own power and
** fovereignty (41)." The will of a fmgle man,
of a child perhaps, was allowed to prevail over
the wifdom of ages and the inclination of mil-
lions ; and the degenerate Greeks were proud to
declare that in his hands alone the arbitrary exer-
cife of legidation could be fafely depofited.
•• What intercft or paffion," exclaims Theophi-
lus in the court of Juftinian, " can reach the
•* calm and f jblime elevation of the monarch ?
** he is already mafter of the lives and fortunes of
*' his fubjeds ; and thofc who have incurred
^* his difpkafure are already numbered with

** the

{^^)Thtw$rd(Lex Regia) vfz& ftill more recent than the thing*
The flaves of Commodus or Caracalla would have Harted at the name
•f royalty.

(40) See GravioA (Opp. p. $oi-— 511.) s^d Beaufort (Repnblique
Romaioe, tom. i. p. 155 — 174.)- W* ^*8 made a proper ufe of two
dtffertacions b> John Frederick Gronovius and Noodt, both tranflated,
with valuable note% by Barbeyrac, a vols, in ii*"*, 1731.

■ {41 ) Inftitut. I. i. tit. ii. N* 6. Pandeft. I. i. tit. iv. leg, i. Cod.
Juftinian 1. i. tit. xvii. leg. i. N^ 7. In his Antiquities and Elements,
Heineccius har. amply treated dc conflitutionibus prindpum, which are
ittuftrated by Godefroy (Comment, ad Cod. Thcodof. I. i. tit, i, ii, iii. )-
andGi-avina (p. 87<^9o.}.

OF THE ROMAN EMPIRE. 17

•* the dead (42).'* Difdaining the language of
flattery, the lyftorian may confefs, that in quef-
tionstif private jurifprudence, theabfohite fove-
reign of a great empire can feldom be influenced
by any perfonal confiderationls. Virtue, or even
reafon, will fuggeft to his impartial mind, that
he is the guardian of peace and equity, and that,
the intereft of fociety is infeparably connedled
with his own. Under the weakeft and moft vi-
cious reign, the feat of juftice was filled by the
wifdom and integrity of Papinian and Ulpian
(43) 5 and the pureft materia s of the Code and
Pandedls are infcribed with the names of Cara-
calla and his minifters (44). The tyrant of Rome
was fometimes the beneJFadtor of the provinces. ^
A dagger terminated the crimes of Domitian ;
but the prudence of Nerva confirmed his afts^
which, in the joy of their deliverance, had been
refcinded by an indignant fenate(45). Yet in
the rc/Jr/jp/j (46), replies to the confultations offoji^u'
the magiftrates, the wifeft of princes might be
deceived by a partial expofition of the cafei,
And this abufe, which placed thdr hafty deci*
fions on the fame level with mature and delibe-
Vol. VIII. C rate

(42) Theophiltts^ in Paraphnf. Graec. loftitut. p. 33, 34. edit.
Rcitz. For his perfon, time, writings, fee the Theophilns of J. H*
Mylins, Excurf. iii. p. 1034— 1073.

(43) There is more envy thtn reafon in the complaint of Macrinut
(Jul. Capitolin. c. 13.) : Nefas efle leges videri Commodi et Cari*
callse et hominnm imperitonim voluntates. Commodus was made ft
Divns by Severns (DodwcU, Preledt. viii. p. 324, 3%$.). Yet he oc*
curs only twice in the Pande£^«. '

(44) Of Antoninus Caracalla alone zooconftitntid&s are exUAtib the
Code» and with his father 160, Thefe two princes are quoted fifty

. times in the Panders and eight in the Inditates (Teraflbn, p. it6$,}^

(45) Plin^ Secund. F4»iftol. x. 66. Sneton. in Domitian. c. 23^
(4$) It was a maxim of Conftantine, contra jos refcripta non va-

leant (C€4' Theodof. L I tit. ii. leg. i.). The emperors reln^antly ,^
allow fome fcmtiny into the law and the fa£^. Tome delay^ petition^
^c, ; but thefe infofEcient remedi^t tre too much ill the difcretion and
ftt tjie peril of the judge.

Their t«^

if THE DECLINE AND FALL

rate a6ls of Inflation, was inefFeftually con-
demned by the fenfe and example of Trajan.
The rejmpts of the emperor, his grants and ife-
crets^ his ediSis and pragmatic Janawns^ were fub-
fcribed in purple ink (47), and tranfmittcd to the
provinces as general or fpecial laws, which the ma-
giftrites were bound to execute, and the people
to obey. But as their number continually mul-
tiplied, the rule of obedience became each day
more doubtful and obfcure, till the will of the
.fovcreign was fixed and afcertaihed in the Gre-
gorian, the Hcrmogenian, and the Theodofian
codes. The two firft, of which fome firagments
have efcaped, were framed by two private law*
yers, to preferve the conftitutions of the Pagan
emperors frbm Hadrian to Cohftantine. The
thltd, whith is ftHl extant, was digefted ih fix-
teen books by the order of the younger Theodo-
fius, to confecrate the laws of the Chriitian prin-
ces from Conftantine to his own reign. But the
three codes obtaincii an equal authority in the
tribunals ; and any a^ Which was not included
m the facred depofit, might be disregarded by the
judge as fpurious or bbfolete(48)-
i^ormsoftfie. Among favage nations, the want of let-
iU)miniaw. ^^^g is imperfedly fupplied by the ufe of
-vijSble figfts, whith awaken attention, and
perpetuate the remembrance of any public or
private tranfeftibn. The jurifpnidence of the

firft

(47) A cottpottikd of ventiiltloil tdd cionabtfr, which marks the
^perral diplomas firom Leo I. (A. D. 47O) to thefa)l of the Greek
•empire' :(Biblioth6qtie Raifonnlede la diplomatique, torn. 1. f>. $09**
5 14. L4niii, de'E^uditione Apoftoloruln, tofti. ii. f». *j^^*-^^S,Y

\t^) Schnlting, Jurifprgideiicia AmeHfuftiilifliiety p. 881 — 718.
Cujacias affigned to Gregory the reiga* from Htdriaa to Gallicnos,
and the continuation to his feHow-Iabourer Hefmogenes, This gene-
ral dlvifion maybe juil; but ihcyoftcfr trtfpkfltfd <>■ each «therV
ground.

OF THE ROMAN EMPIRE. 19

firft Romans exhibited the fcenes of a .panto*
mime; the words were adapted to the gef-
tures, and the flighteft error or negledt in the
forms of proceeding, was fufficient to annul the
fubftance of the faireft claim. The c<xnmunion
of the marriage-life was denoted by the necefr
fary elements of fire and water (49) : and the
divorced wife refigned the bunch of keys, by
the delivery of which, Ihe had been uivefted
with the government of the family. The ma*
numiffion of a fon, or a flave, was performed
by turning him round with a gentle blow on the ":
cheek : a work was prohibited by the calling of
a Hone; prefcription was intermpted by the
breaking of a branch; the clenched fift was the
fymbol of a pledge or depofit ; the right hand
was the gift of faith and confidence. The
indenture of covenants was a broken ftrawi
weights and (bales were introduced into every
payment, and the heir who accepted a tefta-
ment, was fometimes obliged to ithap his fin-
gers, to call away his garments, and to leap
and dance with real or afiefbed tranfport (50).
If a citizen purfued any ftolen goods into a
neighbour's houfe, he concealed his nakednefi
with a linen towel, and hid his face widi a
mafk or bafon, left he fhould encounter the
eyes of a virgin or a matron(5i)« In a civil
C 2 adtion

(4$) Scaerolif tooft ^UUx (^ CervUittt Scftrola Uie mafter tof «
l^apiniaiiy contfidert this acceptance of fire ajid water at the efleoce jpf
narriage (JPandeft. L xzin tit. L leg. itfk See Heuwcdnf, Hift. J.
R.N«»3i7).

(so) Cicero (de O^ciit, iiL 19.) may ibte aa ideal cafe, ftut Si.
Anbroie (de Offidii, iii. a.) appeals to the praftioe of hit owd
timcsy which he underftoed u a lawyer and 9 ma^ftiite (Schultiiig
iid Utpkoi'. Fsagmanb tit. xsii. N* ft8. p^ 643 » ^44* )•

($1) The fiurtttm lance IkiiDque conc^um waa no longer underftood
in the time of ^ A^fiodinei (Aolua GeUipa« xyi. 10). The AtUc
derivation df JHeinecdus (Antiqaitat; Rom. 1. ivi tit i. N« 13-.^ i«}
itfopportedb)rthcevidencfof Aiiftophajieij hurichoUaft« and Foilox.

20 , THE DECLINE AND FALL

aftiori, the plaintiff touched the ear of his
witnefs, feized his reluctant adverfary by the
neckj and implored, in folemn lamentation,
the aid of his fellow-citizens. The two com-
petitors grafped each other's hand as if they
flood prepared for combat before the tribu-
nal of the praetor : he commanded them to
produce the objeft of the difpute ; they went,
they returned with meafured fteps, and a ckxi
of earth was caft at his feet to reprefent the
field for which they contended. This occult
fcience of the words and adions of law, was
7 --the inheritance of the pontiffs and patricians,
^ Like the Chaldean aftrologers, they announced
to their clients the days of bufinefs and repofe ;
thefe important trifles were interwoven with
the religion of Numa ; and, after the publica-
tion of the twelve tables, the Roman people
were ftill enflaved by the ignorance of judicial
-^ ._ proceedings. The treachery of fome plebeian
officers at length revealed the profitable myflery :
• in a more enlightened age, the legal adions
were derided and obferv^ ; . and the fame an-
tiquity which fandtified the practice, obliterated
the ufe and meaning of this primitive liai>
guage(52).
SMtccition A more liberal art was cultivated, however, l^
?awycrf ""^^ the fageR of Rome, who, in a flrider fenfe, may
.be confidered as the authors of the civil law.
The alteration of the idiom and manners of the
Romans, rendered the fly le of the tweivfe tables
Icfs familiar to each rifmg generafion^ and the

doubt-

(51) Iifhf* Oratioft forMorena (c. 9-— 13.) Cioeib tiihit into ridi-
cule the forms and tnyfteries of the civilians^ which are repreiemtd
with more candour by Aulus GelHus (No£b* Attic, xx. 10.), Gravina
fOpp. p %d5, z66, 2&7.), and Hdneccits (Aati^iitat. 1. iv. txt.

yl), ^ '

OF THE ROMAN EMPIRE. 21

doubtful paffages were imperfedlly explained by.
the ftudy of legal antiquarians. To define the
ambiguities, to circumfcribe the latitude, to ap-
ply the principles, to extend the confequcnces,
to reconcile the real or apparent contradidions,
was a much nobler and more important talk ;
and the province of legiflation v^as filently in-
vaded by the expounders of ancient ilatutes.
Their fubtle interpretations .concurred with the
equity of the praetor, to reform the tyranny of
the darker ages ; however ftrange or intricate
the means, it was the aim of artificial jurifpru-
dence to reftore the fimple diftates of nature
and reafon, and the Ikill of private citizens was
ufefiilly employed to undermine the public infti-.
tutions of their country. The revolution of
almoft one thoufand years, ifrom the twelve
tables to the reign of Juftinian, may be divide
ed into three periods almoft equal in duration,
and diitinguifhed from each other by the mode of
ijiftrudlionand the charafterof the civilians (5$).
Pride and ignorance contributed, during therphcBrftpc-
lirft period, to confine within narrow limits. the ricd.
fcience of the Roman law. On the public day is ^ti^^%.
of market or affembly, the matters of th^ art
were feen walking in the forqm, ready to im-
part

($3) '^^^ Scries of the civtl ]awyer9 is deduced by Pomponius (^e
' Origine Juris Pattdedl. I. i tit. ii. ). The mcderns have difcuiTtd, y;\th
iearniog and criticiiin, this branch of literary hiftory ; and among thefe I
have chiefly been guided by Gravina (p. 41—79.) and Heineccius
"(Hift. J. R.-N«» ii3»»-3$i.) Cicero» more efpeciany lii his bocks de
Oratore, de Claris Oratoribus, de X'egibua> and xht Clav^s Ci^eroniana
of Ernefti (under the names of Muciusy &c.)» affcrd much genuine
and pleafing information. Horaoe ofteA aUudes to the moniixig labours
9i thedyillans (Serm, I» i. 10. Epiftt II. L 103, ^c)»
• Agricolam laudat juris le^mque peritus
Sab galli csmtmn^ . confultor ubi oftia. puifat*

Romse duke *a ftiit et folemne^ rcclulS
Alai^dom^ Ti^re^ cUentlrprpmtrQJu^a.

- ■ if.

zz. THE DECLINE AND FALL

part the needful advice to the meaneft of their
fellow-citizens, from whofe votes, on a future
occafion, they might folicit a gratefiii retufn*
As their years and honours encrcafed, they
feated themfelves at home on a chair or thfohe,
to expedt with patient gravity the vifits of their
clients, who at the dawn of day, from the
fown and country, began to thunder at their
door. The duties of focial life, ^d the inci-
dents of judicial proceeding, were the ordinary
fubjedl of thefe confultations, and the verbal or
written opinion of the jurifconfults was franked
according to the rules of pmdence and law.
The youths of their own order and family were
itertnitted to liflen ; their children enjoyed th*
Dinifit of more private leffons, and the Muciah
Wee was long renowned for the hereditary
Second pe- knowledge of the civil law. The fecond pe-
^A? u. c "^^r ^^^ learned and fpfendid age of jorifpm^
(548—988. dence, may be cjttended from the birth of
ticero to the fdgh of Severus Alexander. A
fyilem was fornfied, fchools were inftituted,
books were compoffcd, and both the living and
the dead became fubfervient to the inftrudtion
of the ftiident. The tripartite of -flElius Paetus,
furnaiiied Catus, or the Cunning, was preferved
as the oldeft work of jurifpmdence. Cato the
cenfpr. ^derived fome additional fame from his
l^^l ftudies^ and thofe of his fen: the kiflr
dred apjpellation of Mucins Scsevola was ilhiflra-
ted by three lages of the law ; but the per-
feftion of the fcience was afcrtbed to Sei^us
Sulpicius their difciple, and the friend of TuUy ;
and the Ibftg fubd^lEoti, which (hone .With equal
luflre under the republic and under the Caefars,
is finally clofec} by the refpei^ble "charaAers
pf Papinian, of Paul, and of Ulpian. Their
' '' - names

OF THE ROMAN EMPIRg. as

isatnes, aod the yarious cities of th^ir jproduc-
tions, haye been nM^ytiely preferve^, and tire
cxan^le of Labeo inay f^ggejl jbme idea of
their diligence wd fi^^undity. Tji^t eminent
iawyier of the Aaguft^n age, divided the year
:benyew ^ .city and country, between, bufi*
ne& and cc>f9p'^ikion ; and four hundred booths
Are envimfxai^ii as ifha fiiiuit of his retirement.
Of the coJkdions pf ;his riy^l Capito, the two
hundred and ftfty-ninth bopk is'exprefsly quot-
ed; irtid few teachers pouW deliver their opi-
niOTs in.;feft than a cq^tury of volumes, Inrhirdpe^
/the ,t.hM Period, between the reigns of Alex- "^**»^^^
andef aiKl Juftinian, the qracles of jurifprur jsi-^jxj©.
denpe wei^ almpft mute. The meafure of
curioiity had been filled : the throne was oc-
i:upied by tyrants and Barbarians; the ai^ive
ipiritswerc diverted by religious difputes, and
the profeffbrs of Rqme^ Conftantinople, and
JBerytus, v^ere humt>ly content to repeat the
leflbns of their more enlightenecl predeceffors.
From the fl >w advances and r^pid decay of
thefe leg^l ftudies, it may be inferred,, that
they require a ftate of peace and refinement.
From the multitude of vpliiminous civilians who
fill the intermediate fpace, it is evident^ that
fuch ftudies may be piirfued^ and fuch works
may he performed, with a common (hare of
judgnient, experience, and,induftry. The gc*
nius of Cicero and Virgil was more fenfibly
felt, as each revolving age had been found in-
capable of producing a fimilar or a fecond ;
but the moft eminent teachers of the law were
a0iifed of leaving diCciples equal or fuperior
to tbemfelyes in merit and reputation.

The jurifprudence which had been grofsly Their phi-
adapted to the wants of the firft Romans, was i<>fop*»y*
polilbed an4 improved in the feventh century of

the

24 THE DECLINE AND FALL

the city, by the alfiance of Grecian philofophy.
The Scaevolas had been taught by ufe and expe-
rience ; but ServiusSulpicius was the firft civilian
who eftabliflied his aft on a certain and general
theory (54). For thfe difcemment of tmth and
^falfehpod, he applied, as an infallible rule, the
logic of Ariftotle and the ftoics, reduced parti-
cular cafes to general principles, and diffiifed over
theftiapelefs mafs, the light of order and elo*
quence. Cicero, his contemporary and- friend,
declined the reputation of a profeifed lawyer ;
but the jurifprudence of his country was adorned
by his incomparable genius, which convcrte intici
gold every objeft that it touches. After the ex-
ample of Plato, he compofed a republic v and,
for the ufe of his republic, a treatife of laws ; in
which he labours to deduce from a celeftial ori-
gin, the wifdom and juftice of the Roman corir
ftitutionj The whole univerfe, according to his
fiiblime hypothefis, forms one immenfe common-
wealth : gods and men, who participate of the
fame effence, are members of the fame commu*
nity ; reafon prefcribes the law of nature and
nations j and all pofitive inftitutions, however
modified by accident or cuftom, are drawn from
the rule of right, which the Deity has infcribed
on every virtuous mind. From thefe philefophi-
cal myfteries, he mildly excludes the jfeeptics
who refufe to believe, and the epicureans who are
unwilling to aft. The latter difdain the care of
the republic ; he adviies them to flumber in their

fhady

(54) Craffos, or rtther Cicero himfelf, propofcs (dt Oratok'e, i.

41, 42.) m idet'of the art or fcieoce of jarifprudenccy whkh the
eloquent, bat illiterate, Antoojos' (i.' 56.) affcfts to deride. Tt. w^'s
partly escecutcd by Servios Salpjcitts (in Bruto, c. 41. )» whfofe praifcs
are elegantly varied in the claHic Lttioity of (he Roman Graving
(p. 60.). • . . .^

OF THE ROMAN EMPIRE. 25

fliady gardens. But he humbly intreats that the
new academy would be filent, fince her bold ob-
jections would too foon cleftroy the fair and well-
ordered ftruAure of his lofty fy ftem (55) . Plato,
Ariftotle, and Zeno, he reprefents as the only
teachers who arm and inftrudt a citizen for the
duties of ifbcial life. Of thefe, the armour pf the
iloics (56) was found to be of the firmeft tem-f
per ; and it was chiefly worn, both fpr ufe and
wnament, inthe fchoolsof jurifprudence. From
the portico, the Roman ciyilians learned to live,
to reafon, and to die : but they imbibed in fcmie
degree the prejudices of the f^ ; the love of par
radox, the pertinacious habits of difpute, and a
minute attachment to words and verbal diftinAi^
ons. The fuperiority of /orm to matter^ was in-p
troduced to afcertain the right of property : and u--^
the equality of crimes is countenanced by an
ppinion of Trebatius (57), that he who /touches
the ear, touches the whole body ; and that he
who fteals from an heap of com, or an hog(head
of wine, is guilty of the entire theft (58).

Arms, eloquence, and the ftudy of the civil Amhontr.
law, promoted a citizen to the honours of the

Roman

(55) Pcrtiif1)ttric£|n autem ommnm hamm rerun aeademiaiq,
hanc ab Arccfila et Cameade recentem, exoremus ut fiUat, nam fi
inTafcric in tec, qtts fatis fcite iaftru£ta et compoiita videaiitttr, nN
mis eidet ruina*:, qua^i quidcm ego placare cupto, fubmovcrc aon
audeo (de Lcgibns, i. 13.). From this pafl*age alone, Bcntley (Re-»
marks on Free-thinking, p 250. ) might have learned how firmly Ciono
believed in the fpecious doctrines vrbich he has adorned..

(56) The ftpijjphilofophy was firft taught at Rome by Pan«tiii%
(he frien^ of the yoaoger Scipioi(iee his life i|i t^e lifem. de TAca*
^mie des Infcriptions, tofti. x. p. 75 — 89.).

(5y) As he is quoted by Ulpian (leg. 40. ad Sabinum ia Pande^.
1. xlvii. tit. ii. leg. zi.). Yet Trebatius, after he was a leading q-
Vilian, qui familiam duxjt, became an epicurean (Cicerq ad Pa^eL
Vii. 5.). Perhaps he was not conftant or linccre in his new fc^.

(58) See Gravina (p. 45—51.) and the inefFefikual cavils of Mi^l^
cou. Heineccius (Hift. .J. R. No. \z%.) quotes arid a|>provcs a differ-
talionof 'Eirerard, Cntto, deJSt«ic3 Janfcoafaltornm PhilofophH*

z6 THE DECLINE AND FALL

Roman ftate ; and the three profeflions were
fometimes more confpicuous by their union in
the lame chara<Ster, In the ccwnpofition of the
cdi€t, a learned praetor gave a fandion and pre*
ference to his private fentiments : the opinion of
a cenfor, or a conful, was entertained with ref-
pe£l ; and a doubtful interpretation of the laws
might be fupported by the virtues or triumphs of
the civilian. The patrician arts were long pro*
tefted by the veil of myftery ; and in more en-
lightened times, the freedom of enquiry eftab-
lifhed the general principles of jurifpnidence.
Subtle and intricate cafes were elucidated by the
difputes of the forum : rules, axioms, and def>
nitions (5g)j were admitted as the genuine dic-
tates of reafon ; and th" confent of the legal pro-
feiTors was int'^rwoveri into the praftice of the
tribunals. But thcfe interpreters could neither
criaft nor execute the laws of the republic ; and
the judges might difregard the authority of the
ScflBvolas themfelves^ whiqh was often overthrown
by the eloquence or fophiftty of an ingenioite
pleader (60). Auguftus and Tiberius were the
fiift to adopt, as an ufeful engine, the fcii^nee of
the civilians ; and their fer vile labours accommo-^
dated the old fyftem to the fpirit and views of
fleilpotifm. Under the fair pretence of fecuring
the dignity of the art, the privilege of fubfcrib-»
ing kgd and valid opijaions was confined to the
fages of fenatorian or equefbian rank, who had
beenpr^vioiuijy qpprpvedby the judgment of the
prince J and this monopoly prevailed, till Ha-

, drian

(5^) Wc Jbavc beard of the CiUoniaii riilc, the Aq,uili$^i ftipniatioa,
/AAd the ^(]toilt4p form?, of m maxims, and o? 147 dofiattiom
(Paodcfk 1- I. tit. jcvi, xvU.).
(60) Read.Cicfirp, 1. i. jle Orf tore, Toxica, p^o MuircM*

OF THE ROMAK EMPIRE. 27

drian reftored the freedom of the {»^ofeffion to
every citizen confcious of his abilities and know-
ledge. The difcretioti of the prastor was now
governed by the leflbns of his teachers ; the
judges were enjoined to obey the comnaent as
well as the text of the law ; and the ufe of co-
dicils was a memorable innovation, which Auguf- < '
tus ratified by the advice of the civilians (61). i'
The moft abfolute mandate cou(d only require ^^'^ .f,
Aat the judges (hould agree with the civilians, if !• .
the civilians agreed among themfelv^. But po- ;^ .
fitive inftitutions are often the refult of cuftom *
tod prejudice ; laws and language are ambigu-
ous and arbitrary ; where reafon is incapable of y
pronouncing, the love of argument is inflamed
by the envy of rivals, the vanity of mafters, the
blind attachment of their difcipies j and the Ro-
man jurifpmdence was divided by the once fa*
mous fedts of the PfrocuUans and Sabimans (62).
Two fages of the law, Ateius Capito and Anti-
ftius Labeo (63), adorned the peace of the Au-
guft^i age: the former diftinguifhed by the favour
of his fovereign ; the latter n>ore illuftrious by
his contempt of that favour, and his ftem thoo^
harmlefs oppofition to ^he tyrant of Rome. Th«ir

legal*

. (61 ) See P<^ii^»MHii' (4* Origioe Jtvis' Fkndea:. 1 1 tH. lu kf . %.
Ko. 47.)> HtMcccws <<d InAitut. hi. .iie. ii No. 8. 1. ii. tit. jivn
in Eiement. et AaAi^Ut.>, «Wi GAVtM (p, 4/1—45.). Y«l tlie iifiK;
4opol7 df Avgnftoa^ tb lArfk nie«f«ref itr^ujd appeat tvidi fame foCt-
enittg iQ coiitem{K>nlry ciliikacc ; aad it wts prObtbly vcikd by • de-
cree of the fenate.

(^). 1 h«7e pertired the -Dftftnbe •( GofiividM MtSea^iutf th«
learaed Mafim^o, de Se^s JnfifcoiirakdriiiD (Uipfis^ I7ft8» in iinM^
-p. %y6,)y a iearbed tre«tiie on • narvdw «Bd birren gi^ond.

( 63 ) Sde Uie (5hara£ter of AncilU ua Uibeo i n l^itas ( A anal . lit. 75.)
and in ate epiftle •f Ateiua Capito (A^L Q^lAmn^ W. ift), ^ht aeoitim
his rival of liberias nimia et v^ors. Yet Horace would not hire
lathed a virtnoos and refpc^lable fenator ; and I muft adopt the emcn*
Ration of Bentley, who reads Lakena infaoior (Serm. I. iiu Sa«}« See
Mft^cooy de Sef^is, c 1. p. i«-^24.

zS . THE DECLINE AND FALL

legal ftudies were influenced by the various co-
lours of their temper and principles. Labeo was
attached to the form of the old republic ; his
rival embraced the more profitable fubftajice of
the rifing monarchy. But the difpofition of a
courtier is tame and fubmiffive ; and Capito fel*
dora prefumed to deviate from the fentiments, or
at leaft from the words, of his predeceffors :
while the bold republican purfued his indepen-
dent ideas without fear of paradox or innovations.
The fireedom of Labeo was enflaved, however,
by the rigour of his own conclufionis, and he
decided according to. the letter of the law, the
fame queftions which his indulgent competitor
refolved with a latitude of equity more fui table
to the common fenfe and feelings of mankind.
If a fair exchange had been fubftituted to the
payment of mbney, Capito ftill confideried the
tranfadion as a leg^l fale (64) ; . ajid he confulted
nature for the age of puberty, without confining
his definition to the precife period of twelve or
fourteen years (65). This opprfition of fenti-r
ments was propagated in the writings and leffons
of the two fbundfers ; the fchools bf Capito and
Labeo jnaintaiiTted their inyet^er^te conflift from
the 9ge of Auguftus to that of Hadrian (66) ;

and

(^4) Juftmran (Inft'tut.' 1. m.tit, xxiiu tM THeophll. Verf. Gr«c. p.
677. 680 ) has commemorated this weighty difpute, and the verfes of
Hotnei* that were ailedged on either (idt as legal autbontics. It was
tlecldedby Paul (leg. 33. ad Edid. inPandcft. i. xviii. tit. i. leg. i.)»
fince, in a (imple exchaQge^ the'lrayer could not be diibrlminated from
the feller.

• --(is) This contfoverfy wa» Irfcewifc given for the Proculianp, to Tu-
4>eriede the ifidecency of a' fearch, and to comply with the aphorifm of
Hippocrates, who was attached to the feptenary number of two weeM
of years, oc70oof day^ (Inflitut. 1. i. tit. Ttxii.). Plutarch and the
ftoic8(dePIacit. Philofoph. K v. c. 14) aflign a more natural reafon.
Fourteen years is the age— wifli iv g-TrtftfcetriKf xptvitett •^Y*^-
Sec the vefti^ia of the fefts in Mafcou, c. ix. p. 145—176.

(66) *t\xt feries and concluiion of the fef^s are defcrlbed by Mafcoq
(c. ii — vti. p. 24 — 110.), and it would be almoil rldiculout to praifg
his e()utl juftfce to thpfe obfolete fe^s.

^'

OF THE ROMAN EMPIRE. t^

and the two fefts derived their appellations from
Sabinus and Proculius, their moft celebrated
teachers. The names of Cajftans and Pegafians
were likewife applied to the tame parties ; but,
by a ftrange reverfe, the popular caufe was in
the hands of Pegafus (67), a timid flave of Do-
mitian, while the favourite of the Caefars was
reprefented by Caflius (68), who gloried in his
defcent from the p^friot affaflin. By the perpe- - ?
tual edidl, the controverfies of the fedts v/ere in •
a great meafure determined. For that impor-
tant work, the emperor Hadrian preferred the
chief of the Sabinians : the friends of monarchy
prevailed ; but the moderation of Salvius Julian
infenfibly reconciled the vidtors and the vanquift-
cd. Like the contemporary philofophers, the
lawyers of the age of the Antonines difclaimed
the authority of a mailer, and adopted from
every fyftem the moft probable doArines (69).
But their writings would have been lefs volumi-
nous, had their choice been more unanimous.
The confcience of the judge was perplexed by
t|ie number and weight of difcordant teftimonies,
and every fentence that his paffion or intereft
might pronounce, was juftified by the fanc-
tion or fbme venerable name. An indul-
gent edidl of the younger Theodnfuis excufed
him from the labour of comparing and weighing
their arguments; Five civilians, Caius, Papinian,
Paul, Ulpian, and Modeftinus, were cftabliflied

as

{Bf) At the firft faniftioAs he flies to the tnthot-couttcil ; yet Juve-
fiftl (SatT. iv. 75^-^81.) ftyles the proefeA or bailijf^ of Roitoe ftaAif-
iimus iegiim Interpret. Prom h s fcieace, fays the old fcfaolialt) he
ivas called, notamai^ but a book. He derived the fuigiilar name of
Pegalns from the galley Swhfch bis father commanded.

(^8). Tact. ^nnal. xv i. 7* Sueton. in Nerone, c. ^7.

(69) Mafcon,dc ScA'?, c. vii.p. r20**-i44. dc Here fcundis, Ji le-
{al term which wa? apphed to thefc edcAic lawyers : bfreifcer^ is fy-
aonymous to dividcrc*

30 THE DECLINE AND FALL

as the oracles of jurifprudcnce : a majority- was
decifive ; but if their opinions were equally di-
vided^ a cafting vote was afcribed to the fuperior
wifdom of Papinian (70).
Eeftrraittt. When Juftinian afcended the throne, the re*
~<^^^J^ formation of the Roman jurifprudence was an
fc/jSSiiar, arduous but indifpenfitble talk. In the fpace of
^.D.^a7,^n centuries, the infinite variety of laws and
/ legal opinions had filled many thoufand volumes,
which no fortune could purchafe and no capacity
^'' could digeft. Booka could not eafily be found j
' /? and the judges, poor in the midft of riches,
were reduced to the exercife of their illiterate
difcretion. The fiibjedls of the Greek provinces
/ were ign^ant of thi language that difpofed of
\ ' -their lives and properties \ and the harhar^is di-
aled of the Latins was imperfedtly ftudied in
the academies of Berytus and Conftantinopte.
As an Illy rian fold ier, that idiom was familiar to
the infancy of Jufthfiian ; his youth had been in-
.ftnifted by the lefTwa of jurifprudence, and his
Imperial chcrioe feleded the moft learned civilians
of the Eaft, to labour with their fovereign in the
Work of reformation (71). The theory of pro-

feflbrs

(70) See tbeHieodefian Coie, I. i. tit. iv. ^itK GMlefroy^s Com-
mentary, torn. i. p. 30—35.). This decree might give occtfion to
Jcfiiitic*! difpwtes like thofc in the Lettres Provincialcs, whether »
judge wa« obliged to foJiow the apiaion^f PtpfnMia or of t majority,
agaijill his judgment, againft hit confcience, ficc. V«t a legiflator
might giro that opioioii, however falft, >ihe validity aoC of truth, hot
of Uw. •

(71) For the legal labours of Juftiniao, I have ftudied the Preface ttf
the Inftitutes; thei««, a*, and 3<i Prefaces to the Paode^s; the :««
•lid %^ Prefiwe to the Code ; vidthe Code MfcAf (1. 1. tit. xvii. de Ve»
trri Jnre enuclcando). After thefe original tcAimooies^ I have con-

--113. 3»8— 3»i. : for the CodooAd MoYcis, p. «09-<^x4x. j for the

OP THE ROMAN EMPIRE; 31

feflbrs was aflSfted by the praflide of advocates
and the experience of magiftrates; and the
whole undertaking was animated by die fpirit of
Tribonian (72). This extraordinary man, the Tribonitn,
objedt of fo much praife and cenfure, was a na- ji^f^.
tive of Side in Pamphy lia ; and his genius, like that
of Bacon, embraced, as his own, all the bufmefs
and knowledge of the age. Tribonian compo-
fed, both in profe and verfe, on a ftrange diver*
fity of curious andabftrufe fubjedls (73) : a dou-
ble panegyric of Juftinian and the life of the
philofopher Theodotus 5 the nature of happinefs
arid the duties of government ; Homer's cata-
logue in the four and twenty forts of metre;
the aftronomical canon of Ptolemy ; the changes
of the months ; the houfes of the planets ; and
the harmonic fyftem of the world. To the lite*-
rature of Greece he added the ufe of the Latin
tongue 5 the Roman civilians were depofited ia
his library and in his mind ; and he rtioft affidu-
oufly cultivated thofe arts which opened the road
of wealth and preferment. From the bar of the
praetorian praefedts, he raifed himfelf to the ho-
nours of quaeftor, of coriful, and of matter of
the offices: the council of Juftinian liftened to
his eloquence and wifdom, and envy was miti-
gated by the gentlenefs and affability of his
manners. The reproaches of impiety and ava-
rice have ftained the virtues or the reputation of
Tribonian. In a bigotted and perfecuting court,

the

(72) For the chtraftcr of Tribrnitn, fee the teftitnonfes of Proco-
pius (Perfic. 1. i. c. 23,24. Anecdot. c. 13. 20. ) and Stiidts (torn. iii.
p. 501. edit. Kufter). l.udewig (in Vit. Joftinian. p, 175 — 09.)
Works hard, very hard, to white -wa(h—f he black-a-moor. '^-

(73) I apply the two paffagcs f Suidas to i he fame man; every
circumftance fo exactly tallici. Yet the lawyer appear ignoraot ;
end Fabriciua is inclined to feparate the tw^ charaAers fBibliot,
GrJCC. torn. i. p. 341. ii. p. 51$. iii. p. 41 8. xii. p. 346. 353. 474')'

3t THE DECLINE AND FALL

Ac principal minifter was accufcd of a fecret aver-
fion to the Chriftian faith, and was fuppofed to
entertain the fentiments of an Atheift and a Pa-
gan, which have been imputed, inconfiftently
enough, to the laft philofophers of Greece. His
avarice was more clearly proved and more fenfi-
bly felt. If he were fwaycd by gifts in the ad-
miniftration of juftice, the example of Bacon
will again occur ; nor can the merit of Tribo-
nian atoie for his bafenefs, if he degraded the
ian<^ky of his'profeffion ; and if laws were every
day cnaAed, modified, or repealed, forthe bafe
confideration of his private emolument. In the
fcdition of Conftantinople, his removal was
granted to the clamours, perhaps to the juft in-
dignation, of the people : but, the quaeftor was
Ip^dily reftored, and, till the hour of his death,
Ik poffeffed, above twenty years, the favour and
confidence of the emperor. His paflive and du-
tiful fubmiffion has been honoured with the praife
of Juftinian himfelf, whofe vanity was incapable
of difceming how often that fubmiflfon degene-
rated into the groffeft adulation. 'Tribontan
adored the virtues of his gracious rnafter: the
earth was unworthy of fuch a prince C and he af-
fected a pious fear, that Juftinian, ^ike Elijah or
Romulus, would be friatched into- the air, and
tranflated alive to the manfions of coeleftial
glory (74).

If

(74) Thit ftory 1$ related by Hefychiw fdc Viri« TUnftribns), Pro-
copios ( Aoecdot. c 13. )^ and Soidas ( torn. iii. p. $01 . }. Such fiatterjr
is incredible ?

—-Nihil eft qnod credere de fe

Kon pofHc, cum lauditur DU aequa poteftat. Foatenelle (torn. 1.
p. 31— -39.) has ridiculed the impudence of the modeft Virgil. But
the fame Fontenelle places bis king above the divine Auguftns ; and
the fage Boileau has not blulhed to fay ** Le deftin i Tes yeux n^ofcroic
** baiaoacr.*' Yet neither Auguftus nor Louis XIV. ware fools«

OF THE ROMAN EMPIRE. 33

If Caefar had atchicved the reformation of the J^^S
Roman law, his creative genius, enlightened by 1. d "5^8^
reflexion and ftudy, would have given to the ^"^'^^'J^
world a pure and religious fyftem of jurifpru- \l^^ ji^^
dence. Whatever flattery might fuggeft, the?-
emperor of the Eaft was afraid to eftablilh his
private judgment as the ftandard of equity : in
the poffeffion of legiflative power, he borrowed
the aid of time and opinion ; and his laborious
compilations are guarded by the fagcs and legif-
ktorsof paft times. Infteadof a ftatue caft in
a fimple mould by the hand of an artift, the
works of Juftinian reprefent a teflelated pave-
ment of antique and coftly, but too often of in-
coherent fragments. In the firft year of his reigp,
he direded the faithful Tribonian, and nine
learned affociates, to revife the ordinances of his
predeceffors, as they were contained, fince the
time of Hadrian, in the Gregorian, Hermoge-
nian, and Theodofian codes ; to purge the er-
rors and contradidions, to retrench whatever was
obfolete or fuperfluous, and to feled the wife and
falutary laws bell adapted to the pradtice of the
tribunals and the ufe of his fubjeiks. The ,work
was accomplilhed in fourteen months ; and the
twelve books or tables^ which the new decemvirs
produced, might be defigned to imitate the la-
bours of their Ropian predeceflbrs. The new
CODE of Juftinian Was honoured with his name, v_^-
and confirmed by his royal fignature : authentic
tranfcripts were multiplied by the pens of nota-
ries and fcribes; they were tranfmitted to the
magiftrates of the European, the Afiatic, and af-
terwards the African provinces : and the law of
the empire was proclaimed on folemn feftivals at
the doors of churches. A more arduous opera-

VoL. VIII. D tioa

.-^-

34 THE DECLINE AND FALL

JJfts^r Di. ^l^'^ ^^^ ^^'^ behind : to extract the fpirit of ju-
geft,' A. D. rifpiudence from the decifions and conjedlures^
^^°' A ^D ^^^ queftions and difputes of the Roman civilians.
533* Dec' Seventeen lawyers, with Tribonian at their head,
»^- were appointed by the emperor to exercife an ab-

folate jurifdidion over the works of their prede-
' ceflbrs. If they had obeyed his commands in
ten years, Jirftinian would have been fatisfied
with their diligence ; and the rapid compofition
of the DIGEST or pandects (75), in three
years, will deferve praife or cenfure, according
to the merit of the execution. From the library
of Tribonian, they chofe forty, the moft emi-
nent civilians of former times (76) : two thou-
fand treatifes were comprifed in an abridgement
of fifty books ; and it has been carefully record-
ed, that three millions of lines or fentcnces (77),
were reduced, in this abftraft, to the moderate
number of one hundred and fifty thoufand. The
edition of this great work was delayed a month
after that of the institutes ; and it feemed

rcafon-

(7< ) T7«»'Si«T«x (general receivers) was i cohtmon titte of the Greek
fn'icclUnics (Plin. Praefat. ad Hift. Natar. ). The Digefta of Scatvoli,
Marceflinu s Cclfus, were already familiar to the civilians: but Juf-
tin'an was in the wrong whcfn he ufed the two appellations as fynony^i
mous I ' the word Panders Greek or Latin — mafculine or feminine >
the diligent Bienckman will not prefotne to decide thcfe momentoac
con trove riie«? (Hift. Pandeft. Florentin. p. 300J— 304.).

(76) Angelas f*oIitianus (1. v. Epilt. uU.) reckons thfrty-feven (p<
192— loo.) c*^'^'*^^ qiv>ted in the t*ande6{s — a learned, and, for iti's
timeR, an extraord nary lift. TRhe Greek Index to the Pande£ts enu-
merates thfrty-ri'rie ; and forty are produced by the indefatigabfe Fa-
bric!i*s (Bibliot. Grsec. tom. iii. p. 488 — 501.). Antoninus Aagullns
(de NomJnibus Propriis. Pandedi. apud l.udcwig, p. a8^) is faid to
have added fifty-four liames ; but the^ mu'ft be vague or fecond-haxicf
tefcrcnccs.

(77) The Tri^ti of the antient MSS. nrhiy 5e ftri£^W defined as fea-
tences or perods of a complete fenfe, wh ch, on the brieadth of the
parchment rolls or volumes^ c6riipofed as man^y linen of unequal lengtli.
The number of 2Tiy,oi in each book fcrved as a check on the errors of
the fcrbcs (Lade wig, p. an — a 15. and his origixuil author Suice^^

-l^htTaur. Ecclcfiaft. tom. i. p. io» 1—1035.).

OF THE ROMAN EMPIRE. 35

reafonable that the elements fhould precede the
digeft of the Roman law. As foon as the empe-
ror had approved their labours, he ratified, by
his legiflative power, the fpeculations of thefe
private citizens : their commentaries, on the
twelve tables, the perpetual edid, the laws of
the people, and the decrees of the fenate, fuc-
cecded to the. authority of the text; and the text
was abandoned, as an ufelefs, though venerable,
relic of antiquity. The Code\ the PandeHs^ and
the Injlitutes^j were declared to be the legitimate '•^
fyftem of civil jurifprudence i they alone were
admitted in the tribunals, and they alone were
taught in the academies of Rome, Conftantinople,
and Berytus. Juftinian addreffed to the fenate
and provinces, his eternal oracles ; and' his pride,
under the mafk of piety, afcribed the confum-
mation of this great defign to the fupport atid in-
fpiration of the Deity.

Since the Emperor declined the fame and envy
of original compofition, we can only require at^^J*].^^ "^
his hands, method, choice, aiKi fidelity, thetheCodc
humble, though indifpenfable, vittuesofacbm- ""
piler. Among the various combinations of ideas,
it is difficult to affign any reafonable preference ;
but as the order of Juftinian is different in his
three works, it is impofTible. that all may be
wrong ; and it is certain that two cannot be righti
In the feledlion of ancient laws, he feems to have
viewed his predeceffors without jealoufy, and with
equal regard : the feries could not afcend above
the reign of Hadrian, and the narrow diftindtion
of Paganifm and Chriftianity, introduced by the
fuperftition of Theoddius, had been aboliihed
by the confent of mankind. But the jurifpru-
dence of the Pandedts is circumfcribed within a
D 4 period ~

and Pia-

3^ THEDECLINEANDFALt

period of an hundred years, from the perpetual
edi<a to the death of Severus Alexander : the ci-*
vilians who lived uader the firft Cacfars, are fel-
dom permitted to fpeak, and only three names
can he attributed to the age of the republic. The
fevQurite of Juftinian (it has been fairly urged)
was f;arfiil of encountering the light of freedom
aixd thjs gravity of Roman fages. Tribonian
qondcmned to oblivion the genuine and native

^-- . wifdoni of Cato^ the Scaevolas, and Sulpicius ;
while he mvoked fpirits more congenial to his
owny the Syrians, Giecks, and Africans, who
flocked to the Imporial court to ftiudy Latin as a
foreign tongue, • and jurifprudcnce as a lucrative

,/^^profrffion.> But the iainifliers of Tuftirrian (78)
Vei e inftcufted to labour, not fiar mexuriofity of
antiquarians, but for the immediate benefit of his
fabjeds. It wasT their duty to fclcdl the ufefiil
and pradical parts of the Roman law ; and the
wrilings of the old republicans, however curious
oc excellent, weifi no longer fuited. to the new
fyfierp, of manners,^ religion, and government.
Perhaps, if the preceptors and friends of Cicerot
Vwete^ftiUartvev ouc cardour would acknowledge,
that,> except in purity of language 09)> ^^^^^
mtrinfic merit was excelled by the fchool:of Pa-
pinian and Ulpian. The fcience of the laws is
j^the flow growth of time and experience^ and the
advantage both of method and materials,, is na-**

. . turally

(y%) An ingenious tnd learned oration oF Schultlngiv fjnrifprnden-
iia AAte- Jnftinianea, p. 883 — 907. ) jaftifies the ehoioe.of Tribonian,
againft the paflionate charges of Francis Ho ttoman and lii»fe£UrieB.'

(79) Strip away the cruf^ of Tribonian, and allow f«r the ufe of
fechnicai wordsi and the' Latin^of the Pandeds will befdind not un-
trorthyof the.//Mr age. It has been vehemently attacked by Lau-
rehtins Valla, a faftid.'ous grammarian of the xv'^ century,, and by his
tpologift Ploridus Sabions. rt has been defended hv Alciat and a name-
lefs advocate (moft probably James Capcllus). Their varions treatifes
are coIlei£ted by Duker (Opufcula de Latinitfttc vetcrum JurifconTttUo*
^ttin> Lugd. Bat. 17x1, in 1%^^).

OF THE ROMAN EMPIRE. 37

turally affuiwd by the moft recent authors. The
civilians of the reign of -the Antonines bad ftu-
died the works of their predeceflbrs : their phi-
loibphic fpirit had mitigated the rigour of anti-*
quity, fimplified the foi ms of proceeding, and
emerged fixHft the jealoufy and prejudice of the
rival feds. The choice of the authorities that
compofe the Pandefts, depended on the judgment
of Tribonian : but the power of his fovereigi^
could not abfolve him from the facred obHgatk)ns
of truth and fidelity. As the legiflator of the
empire, Juftinian might repeal the afts of the i
Antonines, or condemn as feditious, the freeJ^
principles, which were maintained by the laft of
the Roman lawyers (80). But the exiftence of
paft fafts is placed beyond the reach of defpo-
tifm J and the emperor was guilty of fraud and
Forgery, when he corrupted the integrity of their
tcxt^ infcribed with their venerable names the
words and ideas of his fervile reign (81), arid
fuppreflcd by the hand of power, the pure and \y
authentic copies of their fentiments. The
changes and interpolations of Tribonian and his
colleagues ate excufed by the pretence of uni-
formity : but their cares have been infufficient, ,
and the antin^es^ or contradiftions of the Code
and Pande6ts, ftill exercife the patience and
fubtlety of modern civilians (8z).

Aru*

(80) Nomina quidem veteribus fervftvimus, legnmaatem TCrltatem
Boftram fecfraus. Itaque fiquid erat in illis Jeditiofumy multa autem
taltaerant ibi repofita, hoc decifttm eft et defSaituna, et in perfpicoum
fn«m dedoAa eft qnzque lex (Cod. Juftinian. 1. i. tit. xvii. leg. 3. N^
10.). A frank confefTion 1

(ii) The number of thcie emhiemata (a polite name for forgeries) la
mach reduced by Bynkerfhcck (in the four hift books of bisObferva-
tions), who poorly maintains the right of Juftinian and the duty of
Tribonian.

(82) The dtttinomiety or oppofite laws of the Code and Panded^rs, are
fbmetimes theeaufe, and often the excufe, of the glorious uncertainty
of the ckit law, which fo often aifbrda what Montaigne calls •* Quf 1-
tions pour TAmi.^* See a fine pafTage of Francifcus Balduiaus in Juf-
tiivaa(U ii.p. 25^1 &c. apodLudewig, p« 305, 305.).

38 THE DECLINE AND FALL

Loft of the A rumour devoid of evidence has been propa-
rifprudence. gated by the enemies of Juftinian ; that the ju-
rifprudence of ancient Rome was reduced to
aflies by the author of the PandeAs, from the
. vain perfuafion, that it was now either falfe or fu- .
perfluous. Without ufurping an office fo invi-
dious, the emperor might fafely commit to ig-
norance and time the accompliihniept of this de-
ftrudtive wifti. Before the invention of printing
and paper, the labour and the materials of writ-?
ing could be purchafed only by the rich i and it
may reafonably be computed, that the price of
books was an hundred fold their prefent var
lue (8 3). Copies were flowly multiplied and cauT
tioufly renewed : the hopes of profit tempted the
facrilegious fcribes to eraze the charafters of an-
tiquity, and Sophocles or Tacitus were obliged
to refign the parchment to miflals, homilies, and
the golden legend (84). If fuch was the fate of
the moll beautiful compofitions of genius, what
ftability could be expedted for the dull and bar-
ren works of an obfolete. faience ? The books of
jurifprudence were interefting to few, and enter-
taining to none : their value was connected with
prefent ufe, and they funk for ever as foon as
that ufe was fuperfeded by the innovations of
fafhion, fuperior merit, or public authority. In
the age of peace and learning, between Cicero
and the laft of the Antonines, many loffes had

been

(83) WhenF.uft, or Fanftus, fold mt Paris his firft printed bibles «s
manufcripts, the price of a parchment copy was reduced from fouroir
five hundred to fixty, fifty, and forty crowns. . The public was at firft
plcafed with the cheapnefs, and at length provoked by the difcovery of
the fraud (Mattairc, Annal. Typograph. torn, i. p. la. ; firft edi-
tion.)- •

(84) This execrable pradlice prevailed from the viii*^, and mor^
cfpecially from the xii*^, century, when it became a^noft univerfal
(Montfaucon, in the Memoires de TAcademle, torn. yi. p. 6o6f &c.:
Bibliotheque Raifonaee de la Dipioma.tique, torn. i. p. ij6 ).

OFTHEROMANEMPIRE. 39

been already fuftained, and fome luminaries of
the fchool, or forum, were known only to the
xiurious by tradition and report. Three hundred
and fixty years of diforder and decay accelerated
the progrcfs of oblivion ; and it may fairly be
prefumtd, that of the writings, which Juftinian
is accufcd of negledling, many were no longer
to 'be found in the libraries of the Eaft (85). The
copies of Papinian or Ulpian, which the refor-
mer had profcribed, were deemed unworthy of
future notice ; the twelve tables and praetorian
edift infenfibly vaniflied, and the monuments of
ancient Rome were negleftcd or deftroyed by the
envy or ignorance of the Greeks. Even the Pan-
dedls themfelves have efcaped with difficulty and
danger from the common (hipwreck, and criti-^
cifm has pronounced that all the editions and ma-
nufcripts of the weft are derived from one oxw
ginal (86). It was tranfcribed at Conftantino-
ple in the beginning of the feventh century (87),

was

(85) Pomponfus (Pindcft. 1. i. tit. il. leg. 2. ) obferves, that of the
three foonders o^ the civii law, Mucins, Brutus, and Maniliu?, extant
volumina, fcripta Manilii monuments ; that of fome old republican
lawyers, hac verfantur eorum fcripta inter manys hominum. Eight
of the Auguftap fages were reduced to a compendium : of Cafcellius,
fcripta non extant fed unus liber. Sec ; of Trebatius, fxiinus frequen-
tantur : of Tubcro, libri parum gratl funt. Many quotations in the
Pandc€ts are derived from books which Tribohian never faw ; and ia
the long period from the vii*** to the xiri*** century of Romc^ the
ttffarent reading of the moderns fucceflively depends on the knowledge
and veracity of their predeceObrs.

(35) AU^ in feveral inftances, repeat the errors of the fcribe and the
tranipofitions of fbme leaves in the Florentine Pande€ts. This fa^, if
i t be true, is decifive. Yet the Pande£ts are quoted by Ivo cf Chartres
(who died in zi 17), by Theobald, archbifhop of Canterbury, and by
Vacarius, our firft profeflbr, in the year 1 140 (Selden ad Fletam. c. 7.
torn. ii. p. 1080— 1085.). Have our Briti(h MS$;. of the Pandet^l
been collated ?

(87) See the defcription of this original in Brcnckman (Hlft. PandeA,
Plorcnt. 1, i. c. 2,3. p. 4~i7- «od 1- "•)• Poiitian, anemhufiaft,
revered 4t as the authentic (landardof JuAinian himfelf (p. 407, 408.);
but this paeadox i^s refuted by the abbreviatioas of the Flcrcn^ine MS.
(1. ii. c. 3. p. 117— 130.). It is compofed of two quarto vohimes,-
with large margins, on a thin parchment, «iid the Latio characters
^tray the hand of # Grcel^ faibe.

40 THE DECLINE AND FALL

was fucceffively tranfported by the accidents of
war and conimerce to Amalphi.(88), Pifa(89),
and Florence (90), and is now depofitcd as a fa-
cred relic (91) in the ancient palace of the repub-
lic (92).
•) ^""-^ It is the firft care of a reformer to prevent any

J^J5j|j^^f future reformation. To maintain the text of
juftinitn. the Pandedts, the Inftitutes, and the Code, the
ufe of cyphers and abbreviations was rigoroufly
profcribed ; and as Juftinian recoUedted, that the
perpetual edid had been buried under the weight
of commentators, he denounced the punifhment
of forgery againil the rafli civiliai^s who (hould
prefume to interpret or pervert the will of their
fpvcreign. The fcholars of Accu];(ius, of Bar-
tolus, of Cujacius, fhould blufh for their accu-
mulated guilt, unlefs they dare to dii^ute his
right of binding the authority of his fucceflbrs,

and

(98) Breockman, at the end of hishiftory, has inferted two di0er«
tations, oo the republic of Amalphi, and the Pifan war ia the year
1135, &c.

(89) The difcovery of the Pandcfts at Anaalphi (A. D. 1137) ia
firft noticed (in 1 501) by ^udovicus Bologninus (Brenckman, I. i. c«
3f»- ?• 73> 74* 1- iv' c« *; p. 417— 415- )> on the faith of. a Pifan chro-
nicle (p. 409, 410. )9 without a name or a date. The whole ftory,
though unknown to the xii'^ century, embelli(hed by ignorant ag^s,
and mfpcAedby rigid criticifni, is not, liowever, deftitute of mu^ in«
ternal probability (K i. c. 4'— 8. p. 17 — 50.). The |-,ibcr Pandcfta-
rum of Pifa was undoubtedly coafuhed in the ^iv*^ century by the
great Bartolus (p. 405, 407. See I. i. c. 9. p. 50 — 6t.),

(90) Pifa was taken by the Florentines in the year 1406; and fa
X4k I the Panders were tranfported to the capital. Thefe events are
authentic and famous.

(91) They were new bound in purple, depofitcd in a rich caflcct,
and (hewn to curious travellers by the monks and magiftrates bare*
headed, and with lighted tapers (Brenckman, 1. i. c. 10, 11, la. p. 6%

— 93- )•

(92) After the collations of Politian, Bologninus, and Antonius
Auguttinufi, and the fplcndid edition of the PaMe£ts by Taurellus (ia
1551), Henry Brenckman, a Dutchman, undertook a pilgrimage to
Florence, where he employed fcvcral years in tfac ftudy of a fingle ma-
nufcript. His Hiltoria Pande£larum Flo/enti^arum (Utrecht, 1722^
in 4*<'), though a mtoument of indudry^ is a^lmall portion of ^is ori*
giaal dcA|{a.

OF THE ROMAN EMPIRE. 41

and the native freedom of the mind. BiK the
emperor was unable to fi;c his own inconftancy 4
and, while he boafted of renewing the exchange
of Dioraede, of tranfmutingbrafs intogold(93),
he difcovered the neceflity of purifying his gold
from the mixture of bafer alby. Six years bad ^^^^ ^^
not elapfed from the publication of the Code, tion of ti^
before he condenjned the imperfed attempt, by ^^'
a new and more accurate edition of the fame
work ; which he enriched with two hundred of
his own laws, and fifty decifions of thedarkcft
and moft intricate points of jurifprudcncc.
Every year, or, according to Procopius, each sJ^,'tif*
^Jay, ot his long reign, was marked by fome le-
gal innovation. Many of his adts were r^fcind-
cd by himfelf ; many were rejected by his prcde-
ceflbrs^ many have been obliterated by time ;
but the number of fixteen edicts, and one hun-
dred and fixty-eight novels (94), has been ad- TheKmreis
mitted into the authentic body of the civil jurif- a. d.
prudence* In the opinion of a philofopher fupe- ssa—s^s-
rior to the prejudices of his profeffion, thefe in-
ceffant, and, for the moft part trifling, altera-
tions, can be only explained by the venal fpirit
of a prince, who fold without fhame his judg-
ments and his laws (95), The charge of the fe-

cret

(93) ^P^^"^^ .•^«Xk€i*>», iKMr»^$u ivifi»$6taiVf

Apiid Homerum patrcm omnis virtutis (iM Prajftt. ad Pandc6^.),
A line of Milton or TafTo would furprifc us in an a6t of parliament.
Qu9e omaia obttncre fancimas in omoe a^vun). Of the firft Code, he
fays (1* Pracfat.), in sternum valitnrum. Man and for ever I

(94) Nsvelleg is a clafllc adje£tivc« but a barbarous fubflantlve
(Luidewig. p. %A% )• Juftinlan never colle^ed them himfelf: the nine
poIUtioQS, the legal (taQdard of modem tribunals, confi(t of ninety-
eight novels ; but the number was encreafed by the diligence of Ju-
lian, Haloander, and Contius (Ludewig, p. 249. 2$ 8. Alemaa. Not.
in Atiecdot. p. 98. )1

(95) Moatcf<lU)eu, Conlid^raL-oas fur la Grandeur et la Decadence ^
de? Romainp, c. 40. torn. iii. p 50*1. in 4*». On this Qccafion he ^^
throws aiide the gown and cap 6f t Prefidcnt i Mortier.

4a THE DECLINE AND FALL

cret hiftorian is indeed explicit and vehement;
but the fole inftance, which he produces, may
be afcribed to the devotion as well as to the ava-
rice of Juftinian. A wealthy bigot had be-
queathed his inheritance to the church of Emefa ;
and its value was enhanced by the dexterity of an
artift, who fubfcribed confeflions of debt and
promifes of payment with the names of the
richeft Syrians. They pleaded the eftablifhed
prefcription of thirty or forty years ; but their
defence was over-ruled by a retrofpedive edidt,
• which extended the claims of the church to the
term of a century ; an edid fo pregnant with in-
juftice and diforder, that after ferving this occa-
fional purpofe, it was prudently aboliflied in the
fame reign (96). If candour will acquit the em-
peror himfelf, and tiansfer the corruption to his
wife and favourites, the fufpicion of fo foul a
vice muft ftill degrade the majefty of his laws ;
and the advocates of Juftinian may acknowledge,
that fuch levity, whatfoever be the motive, is
unworthy of a legiflator and a man.

Monarchs feldom condefcend to become the

mcs'"'^' preceptors of their fubjedts ; and fome praife is

A. D. 533, due to Juftinian, by whofe command an ample

Nov. %u fyftem was reduced to a (hort and elementary

treatife. Among the various inftitutes of the

Roman law (97), thofe of Caius (98) were the

moft

(95) Procopias, Anecdot. c. a8. A (imilar privilege was grtnted
to the church of Rome (Novel, ix.). For the genera! repeal of thcfc
liaifchievous indulgences, fee Novel, cxi. and £di6l. v.

(97) La£lantiu<:, in his Inftitutes of Chriftianity^ an elegant and
fpecious work, propofes to imitate the title and method of the civi-
lians. Quidam prudentes et arbitri cquiutis Inftitutiones Civilis Juric
compoiitas edidcrunt (Inftitut. Divin. i. i. c. i.). Such as Ulpian,
Paul, Florentinus^ Marcian.

(98) The emperor Juftiniaa cells him fiunty though he died beforf
the end of thefecood century. His Inftitutes axe quoted by Scrvius,

#■

OFTHEROM AN EMPIRE. 43

moft popular in the Eaft and Weft ; and their
ufe may be confidered as an evidence of their
merit. They were felefted by the Imperial de-
legates, Tribonian, Theophilus, and Dorotheus :
and the freedom and purity of the Antonines was
incrufted with the coarfer materials of a degenmte
age. The fame volume which introduced the
youth of Rome, Conftantinople and Berytus, to
the gradual ffudy of the Code and Pandeds, is
ftill precious to the hrftorian, the philofopher,
and the magiftrate^ The institutes of Juf- v^--
tinian are divided into four books ; they proceed,
with no contemptible method, from, I. Perfons^
to, II. Things^ and from things, to. III. Actions \
and the article IV. of Private wrongSy is termi-
nated by principles of Criminal Law.

I. The^diftindion of ranks andper/onSy is the i. orpis-
(irmeft bafis of a mixed and limited government, y^^^^
In France, the remains of liberty are kept alive »nd lu^i.
by the fpirit, the honours, and even the preju-
dices, of fifty thoufand nobles (99). Two hun-
dred families fupply, in lineal defcent, the fecond
branch of the Englifli legiflature, which main-
tains, between the king and commons, the ba-
lance of the conftitution. A gradation of patri-n
cians and plebeians, of ftrangers and fubjeds, has "^ ^
fupported the ariftocracy of Genoa, Venice, and
ancient Rome. The perfedl equality of men is

the

Boethius^ PrifcUn, &c. an4 the Epitome by Arriao is ftiU extant*
(See the Prolegomena and Kotes to the edition of Schulting, in the
Jorifprtidentia Ante-Jnftini^nea, Lugd. Bat. 1717. Heinecans, Hiflt.
1. R. N» 313. Ludewig, in Vit. Juft. p. 199 ).

(99) See tbC'AnnalesPolitiques de TAbbe de St. Pierre, torn. I p.
15. who d^tc^^in the year 173$* The tnoft ancient tamilies claim th^
ioimemorial poiTcflion of arms and fiefs. Since the Crufades, fome,
ihe moft truly refpeflable, have been created by the king for merit and
fcrvices. The recent and vulgar crowd is derived from the multitude
of venal odicefi without traitor dignity , which oontinvaliy ennoble the
Yrcaitlfif plebeians.

44 THE DECLINE AND FALL

/ the point in which the extremes of derrtocracy
""^-^} ^ and defpotifm are confounded ; fince the maj-fty
of the prince or people would be offended, if
any heads were exalted above the level of their
fellow-flaves or fellow-citizens. In the decline
of the Roman empire, the proud diftinftions of
the republic were gradually abolifhed, and the
reafon or inftindt of Juftinian completed the Am-
ple form of an abfolute monarchy. The empe-
ror could not eradicate the popular reverence
which always waits on the poffeflion of heredi-
tary wealth or the memory of famous anceftors.
He delighted to honour with titles and emolu-
ments, his generals, magiftrates, and fenators ;
and his precarious indulgence communicated
fome rays of their glory to the perfons of their
wives and children. But in the eye of the law,

, all Roman citizens were equal, and all fubjeftd
^^ of the empire were citizens of Rome. That in-
eftimable character was degraded to an obfolete
and empty name. The voice of a Roman could
no longer enadl his laws, or create the annual
minifters of his power : his conftitutional rights
might have checked the arbitrary will of a maf-
• ter ; and the bold adventurer from Germany or
Arabia was admitted, with equal favour, to the
civil and military command, which the citizen
alone had been once entitled to aflume over the
conquefts of his fathers. The firft Caefars had
fcrupuloufly guarded the diftindlion of ingenuous^

f 2x\dfervik birth, which was decided by the con-
"' dition of the mother ; and the candour of the
laws w^s fatisfied, if ber freedom could be afcer-
tained during a fmgle njoment between the con-»
ception and the delivery. The flaves, who were
liberated by a generous mafter, imrnediately en-

terecj

OF THE ROMAK EMPIRE. 45

fcred into the middle clafs of libertines or freecl*
men : but they could never be enfranchifed from
the duties of obedience and graticude : whatever
were the fruits of their induftry, their patron and
his family inherited tlje third part ; or even the
whole of their fortune, if they died without chil- - /
dren and without a tefiamcnt. Jkiitinian refpeA- ♦
cd the rights of patrons ; but his indulgence re-^
moved the badge of difgrace from the two infe-
rior orders of freedmen : whoever ceafcd to be a
flave, obtained, without referve or delay, the
ftation of a citizen ; and at length the dignity oi
an ingenuous birth, which nature had refufed^
was created, or fiippofed> by the omnipotence
of the emperon Whatever reih-aintsof age, or
forms, or numbers, had been formerly introduc-
ed to check the abufe of manumifltons, and the
too rapid encreafe of vile and indigent Romans,
he finally aboliflied ; and the fpirit of: his lawtf
promoted the extinction of domefttc iervitude.^
Yet the eaftem provinces were filled, in the tinw
of Juftinian, with multitudes- of Haves, either
born or purchafed for the ufe of their matters ;
and the price, from ten to feventy pieces of gold, - / ; ,
was determined by their age, their ffrength, and.
tfieir education (100). But the hardftiips of this / V
dependent ftate were continually diminifhed by-
the influence of government and religion; and
the pride of a fubjedl was no longer elated by

his

(100) If tht'optfoB of t (Uve'Wft« bequcvthcd to fevenil tegttees^
thtj drew lets, tiNl the lofers were eiititied to their flnre of Jiis vsloe t
ten pieces of gold for a common fervaot or maid under ten' years; if
*boTe that age, twenty; if they kbftw t trade, thirty; notarfes or
writers, fifiy ; raidwtves orpMtians^ fixty ; euanclts uitdef ten years,
thirty pieces ; above, fifty; iF tradtfiilen, ieve«ty (Cod.!, vi. tit.
xliii. leg. 3.}. Thefe Ugtl prices are generally bcldw thoTe of the
markeu

46 THE DECLINE AND FALL

bis abfolute dominion over the life and happinefs
of his bondfman ( i oi ).
Fatheniad The la w of nature inftrudls mofl: animals to
«*»^>*«^ cherifli and educate their infant progeny. The
law of reafon inculcates to the human fpccies the
returns df filial piety. But the exclufive, abfo-
/ lute, and perpetual dominion of the father over
.1 "his children, is peculiar. to the Roman jurifpru-
dence (102), and feems to be coeval with the
foundation of the city (103). The paternal
power was inftituted or confirmed by Romulus
himfelf ; and after the praAice of three centuries,
it was infcribed on the fourth table of the Decem-
virs. In the fortim, the fenate, or the camp, the
adult fon of a Roman citizen enjoyed the public
and private rights of a perfon : in his father's
-4 boufc, he was a mere thing \ confounded by the
laws with the moveables, the cattle, and the
flaves, whom the. capricious matter might alie-
nate or deftroy, wlthoutbeing refponfible to any
earthly tribunal. The hand which beftowed the
daily fufienance might refume the voluntary.

. gift,

(101) .For the ftate of fltvesand freedmcn, fee Inftitutes, 1. i. tit.
Si — viii. 1. ii. tit. ix. K iii. tit. viii, ix. Pandects or Digeft, 1. i. tit.
T, vL- 1, xxxvili. tit, i— -it. and the vhole of the" xl»*» book. Code^ I.
vi» tit. iv^ V. 1. vii. tit. i^— xxiii.). Be it henceforth cnderftood that,
with the original text of the Inftitutes and Pandedts, the corrcfpondene
articles m the Antiquities and Elements of Heineccius are implicitly
quoted ; and, with the xxvii firft books of the Pande£ts, the learned
and rational commentaries of Gerard ^oodt (Opera j tom. ii. p, I— •590>
the end. Lugd. Bat. x'jx^),

(lOft) See the patria poteftas in the Inftitotes (1. i. tit.ix.)» the Pan-
dects L i. tit. vi, vii.), and the Code (1. viii. tit. xlvii., xlviii, xlix.).
Ins poteftatis quod in liberos habemus propriam eft civium Romanorum.
NuiU enim alii funt homines^ qui ulem in liberos habeant poteftatem
foakm ttos habemns^

(103) Dionyfius Hal. 1. li. p. 94, 9$* Gravina (Opp. p. 286.) pro-
duces the words of the xii tables. Papinian (in Collatione Legum Ro*
man. et Mofaicarum, tit. iv.^p. 204.) ftyles this patria poteftas, lex
Kgia: Ulpian (ad Sabin. 1. xxvi. in PandeCt. 1; i. tit. vi. leg. 8.) fays^
jus poteftatis mpribus receptum ; and furiofos 61iam in poteftate habc«
Vit. How iftcred'<-K)r rather how abfurd 1

OF THE ROMAN EMPIRE- 47

gift, and whatever was acquired by the labour or
fortune of the fon, was immediately loft in the
property of the father. His ftoJen goods (his
oxen or his children) might be recovered by the
fame aAion of theft (104) ; and if either had
been guilty of a trefpafs, it was in his own op-
tion to compenfate the damage, or refign to the
injured party the obnoxious animal. At the call
of indigence or avarice, the mailer of a family
could difpofe of his children or his flaves. But
the condition of the flave was far more advanta-*
geous, fmce he regained by the firft manumiffion
his alienated freedom : the fon was again reftored
to his unnatural father ; he might be condemned
to fervitude a fecond and a third time, and it was
not till after the third fale and deliverance (105),
that he was . enfranchifed from the domeftic
power, which had been fo repeatedly abufed.
According to his difcretion, a father might chaf-
tife the real or imaginary faults of his children^
by-ftripes, by imprifonment, by exile, by fend-
ing them to the country to work in chains among
the meancft of his fervants. The majeily of a
parent was armed with the power of lite ,and ^^ .
death (106); and the examples of fuch bloody
executions, which were fometimes praifed and
never ponifhed, may be traced in the annals of
Rome, beyond the times of Pompey and Augus-
tus* Neither age, nor rank, nor the confulac

office,

(104) Pai^dcft. I. xlvii. tit. iLlcg. 14. N^ 13* leg. 38. N* i. Sftch
Was the decifion of Ulpian and Paai.

(105} The triiia mancipacio is moft clearly defined by Ulpian (Frag-
inenty x. p. $91, 59a. edit. Schulting) $ and beft iiluftrated in the Anti«
pities of Heinccdn? .

(106) By Juftinian, the old law^ the jus necisof the Roman father
(inftitnt. I. iv. tit. ix. N» y.)* »» reported and reprobated. Some legal
vcftiges arc ieft in the Panders (1. xliii. tit. xxix. leg. 3. N« 4.) and the
CoUatio LegomRomaoanun et M^faicanim (tit. ii. N* 3. p. 189.).

48 THE DECLINE AND FALL

office, nor the honouryof a trhimph, eduld ex-
empt the moll illuftrious citizen from the bomis of
filial fubjcdtion (107) : his own defcendantB were
included in the family of their common anceftor ;
and the claims of adoption were not lefs facred
or lefs rigorous than thofe of nature. Without
^ fear^ though not withoilt danger of abufe, the

. > Roman tegiflators had repofed an unhoiUided con-
fidence in the featimehls of paternal love j and
the- oppreflibn was tempered by the aflurance,
that each generatbn muft fucceed in its turn to
the awful dignity of parent and maften

The firft limitation of paternal power is afcrh-

^ -'^^••^^•^^•^jcd tothejuftia humanity of Numa: and

»iUuSb!>ri-tlie maid who, with his father's confent, had

*i* efpoufed a fireonan, was- protected from the di(^

grace of becoming^ the wife of a flave. In the

firft ages, when the city wais prefled and often

£im:iflied by her Latin and Tufcan neighbours,

the fale of children, might be a frequent practice ;

but as a Roman could not legally purchafe the

liberty of his fcJlow-dtizen, the market ftiuft

gradually foil, and the trade would be deftroyed

by ^heconqucftarcif the republic^ An imperfect

^4 -^ight of property was at length communicated

to fons ; and the freehold diftindion of profe£lhi--

ous^ adventitious^ and profeffmuil^ was afcertaincd

by the jurilprudencc of the Code and Pandeds

(108). Of all that proceeded from the father,

he

( 107) ' BYce|>r on'pufaiie oceafioin^ and in the aftntl excrcife of bi»
office. In publicls locis atqae munefibns, atquc mftionibiiSy patmm
jura cvm fiji6iiini> qoi in -magiftratft font, poteftatibuscoUali> interqui-
cftrcre psuUolimi et conrihrcrey- £rc. (Aul Collins, Noftes Atticsi, ii. a.).
The Icflbos of the philofophcr Taurns were juftified by the old and me*
mdrabie-exaitiple of Pabiin; and "we may contemplated the fame ftory
in the ft ie of Livy (xxiv. 44.) add the homely idiom of Claudius Qua^
drigarius th6 axuiaiift.

(108) See the gradual enlai-gemeac tnd fecnrtty of the filial fccu^
linm in the Inftitutes (1. ii. tit. ix.), the Pande£ls (L xv. tit. i. L xli. tit*
i.^ and the Code (L iv. tit. xxviy xxWL),

OF THE ROMAN EMPIRE. 49

he imparted only the ufe, and refcrved the abfo
lute dominion ; yet if his goods were fold, the
filial portion was excepted, by a favourable in-
terpretation, from the demands of the creditors.
In whatever accrued by marriage, gift, or col-
lateral fucceffion, the property was fecur^d to
the fon ; but the father, unlefs he had been fpe-
cially excluded, enjoyed the ufufruft during his
life. As a juft and prudent reward of military-
virtue, the fpoils of the enemy were acquired^
poffeffed, and bequeathed by the foldier alone ;
and the fair analogy was extended to the emolu-
ments of any liberal profeflion, the falary of
public fervicc, and the facred liberality of the
emperor or emprefs. The life of a citizen was
iefs expofed than his fortune to the abufe of pa-
ternal power. Yet his life might be adverfe to
the intereft or paflions of an unworthy father :
the fame crimes that flowed from the cormption,
were more fenfibly felt by the humanity, of the
Auguftan age ; and the cruel Erixo, who whipt
his ion till he expired, was faved by the empe-
ror from the juft fury of the multitude (109).
The Roman father, from the licence of fervile
dominion, was reduced to the gravity and mo-
deration of a judge. The prefence and opinion
of A uguftus. confirmed the fentence of exile
pronounced againft an intentional parricide by
the domeftic tribunal of Arius. Hadrian trans-
ported to an ifland the jealous parent, who, like
a robber, had feized the opportunity of hunting,
to affaflinate a youth, the inceftuous lover of his
Vol. VIII. E ftep-

(109) The examples of Irixo and Arms are related by Seneca (de
dementi^, i. 14, <$-}i ^^ former with horrorj the latter with ap*
piaoie.

50 THE DECLINE AND FALL

ftq^-mother (no). A private jurifdiftton is re-
pugnant to the fpirit of monarchy ; the parent
was again reduced from a judge to Jin accufer ;
and the magiftratcs were enjoined by S«verus
Alexander to hear his complaints and e^tecute
his ftntence. He could Ho longer take the life
of a fon without incurring the guilt ^nd pfUnifh-
rnent of murder ; and the pains of parricide,
from which he had been e:^cepted by the Pom-
peian law, Were finally infliftcd by the jufttee of
Confliantine fi 1 0- The fanfie protedion was
due to every period of exiftence ; and reafori
mfuft applaud the hunianity of P^uliis, fc^ im-
puting the crinle of muikJef to the fether^
who ftrangles, or ftArves^ or ab^rtdons hb& new-
born ififant ; ore*pofeis him in a public ptace td
find the mercy which he himfelf had denied;
But the expofition df childfen was the pretailitig
and ftlibbbm vice of antiquity : It irsis fbme-
times prefcribed, often il)ermitted, aJmoft al-
ways pr^difed With impunityj by the nations
who never entertaitted the Romuft idfeafc of pater-
nal power ; and th^ dramatic poets; whd ap4
pieal to the human heart, reprefent with iHdiffe-
rence a popular cuftdhh which wais patliatcd by
the motives of oeconomy ar.d companion iii%}i
If the father could fubdue his oWnffeelin^, he

might

• (' ic>) dved lati-onis m'agis tftiaiti psd/is^pitt ctiip infcerfcciti ntm p«-
tria poteltais in pietate d«betnon in atrocitatc Cenfiftere (Marcitn, Ih-
Ititut. 1. xlv. in Pandea. I. xlvili. tit., lie', le'g. ^.). ■

(ill) The Pompeiib and Corneliaii I^^Wfidc fmriif and fta't^ricidis^
.are f^peated, or rather abridged, with the laft iapp^ements of Alexan-
der Severur, Conftantine, and Vafentinian, in the Fiahdefbs (1. xlviiu
tit. viii,,ix.) and Code (1. ix. tit. xvi, xvii.). See iikewifc the Theodo-
fi^n Code (l^-ii. tit. xiv, xv.), with Godefroy*s Commentary /torn. iii.
p. 84*--ii3.)vwho-pour6 a flood of ancient and moderh Ifeirhmg over
thcfe penal laws.

( 1 1 2 ) When the Chremes of Terence reproaches his wife fbh not
obeying his orders and expoiihg their infant, he fpeaks like a father and
a maf'ter, and filences the fcruples of a foolifli woman. See Apuleias
(Metamorph.^ 1. x. p. 337. edit. Dclphin.}.

OF THE ROMAN EM,PIRE. 51

might efcape^ though not the cenfure^ at kaft
the chaftiftment of the laws ; and the Roman
empire was ftained with the b|ooc| of infants, till
fuch murders •^vere included, by Valentinian and
his colleagues^ in the letter and fpirit of th«
Cornelian law. The leffQni^ of jurifprudencc
(113) andchriftianity had h^^n infufficient to era^
dicate this inhurhan pra<ftice, till their gentle in^
flu€iK:c was fortified by the terrors of capital pu-r
nifhment (114).

Expericnee has proved, that favages are the Huftands
tyrants of the female fex, and that the con- «»^ wives*
dition of women is ufua'lly foftened by the rei-
finements of fecial life. In the hope of a robuft
progeny, Lycurgus had delayed the feafoi^ of
marriage : it was fixed by Numa at the tender
age of twelve years, that the Roman hufbancj
might educate to his will ^ pure and obedienf
virgin (115). According to the cuftom of an-^^^^^^j. .
tiquity, he bought his bride of her parents, and ©us rites of
Ihe fulfilled the compiion, by purchafing, with"^*"^*^-
three pieces of copper, a juft introdudtion to hii?
houfe and houfehold deities. A facrifice of friiits
was offered by the pontiffs in the prefence often
E 2 wit-

(113) The opistoBof the lawyers *^^ ^ difcretioii of the pjiaglf-
tfates, had introduced In the tiine of ^acitus fom.e legal refcraints,
which mtght fppport his contraft of the hoai mores of the Qerfnaas tja
the ^onse leges alibi — that is to fay, at Rome (de Moribus Oermano*
rum, c. 19.). Tertullian (ad Nationes, I. i. c. 15.) refutes his own
charges and thofe of his brethren, againft the heathen jurifprudence.

(114.) The wife and httmaot fenfceiw(( of the civilian Paul (1. ii«
SeBtcntianim io Pa/xk^. 1. jqiv. tip. iii. leg. 4*) is reprefented as a mere
moral precept by Qertrd Koodt (Opp. torn* i. in Julius Paullus, p. $6y
-^$98. and Arnica Kefponfio, p. §9.1''--<6q6.), who maintains the opi-
nion of Juftus Lipfins'(Opp. torn. ii. p. 409. ad Belgas, cent. i. epift.
(($.), and as a poAtirt Undlnglaw by i^yrxkerflioek (de Jure occidendl
l^.iben>s, Opp. iom> i* p. giS— 340. Cure Secundie. p. 391 — 427.)*
In a learned but angi^y coatroverfy the two friends deviated into the op-*
pofite extremes.

(f 1$) Dionyf. Hah 1. ii. p. 9ft, 93. Plutarch^ in Numa^ 140, 141.
Ta g-tiffM Kcu T9 «0a; xt^9^f«f ^^ it$4xr99 tiFt rf ymft^vm ytvt^^*^

5z THE DECLINE AND FALL

tvitneffes, the contrafting parties were feated oft
the fame (heepflcin \ they tailed a fait cake of
/jr or rice ; and this confarreation {ii6)y which
denoted the ancient food of Italy,*' ferved as an
ertiblem of their myftic union of mind and body.
But this union on the fide of the woman was ri-
gorous and unequal ; and ihe renounced the
narile and worfhipof her father's houfe, to em--
brace a new fervitude, decorated only by the
title of adoption; A fiftion of the law, neither
rational nor elegant, bellowed on the mother of
a family (117) (her proper appellation) the
ftrange charafters of filler to her own children,
and of daughter to her hulband or mailer, who
^a^ invefted with the plenitude of paternal
power. By his judgmentK)r caprice her beha-
viour was approved, or cenfured, or chaftifed ^
he exercifed the jurifdidtion of life and death j
and it was allowed, that in the cafes. of adultery
or drunkennefs (118), the fentence might be
properfy inflided. She acquired and inherited
for the Ible profit of her lord ; and fo clearly
was woman defined, not as a per/on^ b.uf as af
things that, if the original title were deficient, Ihe
might be claimed, like other moveables, by the
ufe and poffeflion of an entire year. The inclin-
ation of the Roman hulband difcharged or with-
^Id the- Goiyugai debt^ fo fcrupuJoufly exadedf

by

• ( I <^) Among the winter /rirTwtf«/'<r; tht /r//VrtfM, or bearded wiieaC ;
i!htjilig9, or the unbearded •, thenar, adoreaf ctyasay whdfe defcrtption^
pcrfcaijr tallies with- the rice of Spain and Italy. 1 adopt this,
iclentityon the credit of M-. Paiifton in hisufefar and'faiborioiR Metrow

logic (p. SI 7^519^. )■.• '.■..-

(ii7^Aii!usGeIIius(Noae8 Atticse, xvni. 6:) fires « ndtcukms dc-^
^ flnit/on of iEJius Meliffus, Matrdna^quse feiqel, ^naterf^miliat que fs-

plus peperit, as porcctra and fcropha in the fow kind He then adds the

genuine meaning, quae in matrimonium vel in manum convenerau
( 1 1 6 ) It was enough to have tafted wiflC, 'or to have ftolcn the key of

ihc cellar (Plin.' Hift. Nat. xiv. 14.).

OF THE ROMAN EMPIRE. 53

by the At^^inian and Je^iyifb laws (119) : but, a;s
polygamy was ynknown, he jcoi^ld never jidmit
to his bed a fairer or more favoured partper.

After the Punic triumphs, the matrons off^^^^^^of
Ronje afpucd to life common benents of a free monija con^
and opulent republic : their wiflies were giati- ^'-^^
fied by the indulgence of fathers and loviprs, an^
their ambition was unfuccefsfully refifte^ by the
gravity of Cato the Cenfor (120). They de-
clined the foleranities of the old nuptials, de-
feated the wnual prefcription by an abfence of
jthree days, and, without lofing their name or
independence, fubfcribed the liberal and definite
terms of a marriage-<:ontraft. Of their private
fortunes, they communicated the ufe, and fe-
cured the property : the eftates of a wife could
neither be alienated nor mortgaged by a prodigal
hulband ; their mutual gifts were prohibited by
ihe jealoufy of the laws ; ^nd the mifcoi)du(S of
^either party might afford, under another name,
a future fubjeA for an aftion of theft. To this
loofe and voluntary compaft, religious and civil
rites were no longer eflential ; and, between
perfons of a fimilar rank, the apparent commu-
nity of life was allowed as fufj^cient evidence gf
fheir nuptials. . 'J^he dignity of marriage was

reftored

(119) Solon requires three ptyments per montii. By the Mifoti a
jdsiiy debt was impofed on an idle, vigorous, young huiband ; twice a
week on a citizen $ once on a peafant ; once in thirty days on a camel-
driver ; once in fix months on a Teaman. But the ftudeot or do^or was
free from tribute ; and nt wife, if flie received a wetkij fuftenance, .
conld fue for a divorce: for one week a vow of abftinencc was allowed.
Volygzmy divided^ without multiplying, the duties of the huiband
(Sekfen, Uxor Ebraica, I. iii. c 6* in his woik?, voj. ii. p. 717—7*0.).
•(lao.) On th? Oppian law we may hear the mitigating fpecch of Va-
lerius Placcus, and the i'evere cenf'orial oration of the elder Cato
fLiv. xxxiv. I— -S.). But we (hall rather hear the poliihed hlltorian of
the eighth, than the rough orations of the fixth, century of Rome.
The principles, and even the ftyle, of Cato arc njorc ^ccura^ely pr.5-
fcrved by Aulu< Ocilim (x. t^).

abul'e of di-

54 TttE bECLtNE AND FALL

rtftored by the Chriftians, who derived all fpiri-
tual grace from the prayers of the faithful and
the benedidion of the pritft or bilhop. The
otigin, validity, and duties of the holy inftitu-
tion, were regulated by the tradition of die fyna-
gogue, the precepts of the gofpel, or the canotKs
of general or provincial fjmods (rzi) i and the
Cdnfcienqe of the Chriflians was awed by the de-
crees and cerrfures of their ecclefiaftical rulers.
Yet the magiftrates of Juftinian were not fiibje<a
to the authority of the church : the emperor con-
fulted the unbelieving civilians of antiquity, and
the choice of matrimonial laws in the Code and
Pand€<3;s, is direded by the earthly ifnotives of
juftice, policy, and the natural freedom of both
fexes (122).
Libcrty^and Bcfidcs the agrccnrient of the parties, the ef-
fence of every rational contr^d, fhe -Roman mar-
riage required the previous ap)probation of the
parents. A faflier might be forced by fome re-
cent laws to fupply the wants of a mature daugh-
ter ; but even his rnfanity "was not generally al-
lowed to fupercede the neceffity of his confent.
The caufes of the diflblution of matrimony have
varied among the Romans (123) ; but the moft

folemn

(ill) For the fyftcm of JcwiA and Catholic matrimony, fee Scldcn
•(©xorEbraica, Opp. ttcI. ii. p. $49-^^0. )• JBingham.(.CJiriftian\An-
tlquitfcs, I. xwi*),>ii«d Chaidoo (Hilt, -dcs Sacramene, torn. vi.).

(raa) 1*6 -civil Iaifrs«f raarria^ arc c3^pofcdin the InftitutcsfLi.
*it. X.), the PaiSdceisr3(L :*idii,«xiv, Xicv<), and the Code (I. v.).: but«s
' the tit4cdcriti> oaptiaram issyct imperfect, wcase qbligcd to wplore the
fragments of ^ipian (tit. ix. p. $90, ^91...) ^nd the CcUatio Legum Mo-
faicarttra (tit. xvi. ►p. 790,1791. )iwi*h theiNoles of Pithsus and Sohiti-
ting. They ^nd, in the Coramcntaisy of S^rvius.(on the i" Gco^c
tnd the 4*** iCneid), two curious paiTageis. •

(113) According to Piotarch'(p. 57.:), RomT^Ins allowed only thtcc
grounds of a divofce— ^JrankenBcfs, ad»iker^, and falfe Jceys. Other-
wife, the huftand who ibufcd his faprefnajsyforfeitedhalf his,^oods to
"the Wife, and half to •he.goddcfs Ceres, ';»nd offered aiacrifice (wiOi
the remainder ? ) to the tcrrcftrial deities. Tfeis flrasge >h]if w«s either
imaginary or traniicnt*

OF THE ROMAN EMPIRE. 55

folemn facranaent, theconfarreationitfelf, might
always be done aw^y by rites of a contrary ten-
dency. In the firft a^es, the father of a family
might fell his children, and his wife was reckon.
ed*in the number of his children : the domeftic
judge roight pronounce the death of the offen-
der, or Bis mercy might .expel her from his bed
^nd hO-Ufe ; but the llavery of the wretched fe-
wak was hopel.Qfs and perpetual, unlefs he af-
Jferjcd for his own ponvenience the manly prerp-

fatiY? of divorce. The warmeft applaufe ha3
ee^ lavifhed Qo the virtue of the Romans, who
abftained from the cxercife of this tempting pri-
vilege above five hundred years (1^4) : but the
fao^e fadk evinces the unequal terms of a connec-
tion in which the flave was unable to renounce
her tyrant, and the tyrant was unwilling to re-,
linqurfh his flave. When the Roman matrons
became the equal and voluntary companions of
their Iprds, a uew jurifprude.nce was introduced,
that marriage, like other partnerfhips, might be
diflbJved by the abdication of one of the aflbci-
atqs. In three centuries, of profperity and corrup-
tion^ .this principle was enlarged to frequent
pra^aice and pernicious abufe. Paflion, intereft,
or caprice, fuggeflqd daily motives for th^ diflb-
lution of marriage ; a word, a fign, a meffage,
a letter, the mandate of a freedman, declared
the feparation ; the moft tender of human con- v^
nedlions was degraded to a ti-anfieut fociety of ^'
profit or pleafure. According to the various
conditions of life, both fexes atteriji^tely felt the

difgrace

(124) In the yoar^f Koioe $13, Spurlns Carvirms Roga repudiated a

- fair, a good, bntji barreo, wife (Dlonyfitw Hal. i. ii, p. 93. Piatarch, ta

Nama, p. 141. Valerias Maximus, I ii. c. i. Aulas GelUus^ iv. 3.*}.

He was qoeftioned by the cenCom^ and hated by the people ; but his

divorce P^DodwiimpcMhed ia kw*

56 THE DECLINE AND FALL

difgrace and injury: an inconftant fpoufe trans-
ferredher wealth to a new family, abandoning a
numerous, perhaps^ a fpurious, progeny to the
paternal authority and care oi her late hufband ;
a beautiful virgin might be difmiffed to the world,
old, indigent, and friendlefs ; but the reluc-
tance of the Romans when they were preffed to
marriage by Auguftus, fufficiently marks, that
the prevailing inftitutions were leaft favourable to
the males. A fpecious theory is confuted by this
free and perfecl experiment, which demonftiates,
that the liberty of divorce does not contribute to
happinefs and virtue. The facility of fepara-
tion would deftroy all mutual confidence, and
inflame every trifling difpute : the minute diflfe-
renc^ between an huflband and a llranger, which
might fo eafily^Jtic removed, might ftill more ea-
fily be forgotten ; and the matron, who in five
years can fubmit to the embraces of eight
hufbands, muft ceafe to reverence the chaftity of
her own perfon (125).
LimitatioM Irifufficient remedies followed with diftant and
of thcHbcr- tardy ileps the rapid progrefs of the evil. The
vorL^"^ ancient worfhip of the Romans aflfbrded a pecu-
liar goddefs to hear and reconcile the complaints
of a marrlfed life ; but hei epithet of Firi^
placa (i 26), the appeafeif of hulbands, too clearly
" - '^ indi-

(125) —Sic fiunt oAo mariti

Quinque per autamaos.

(Juvenal. Satir. vi. 20.)
A rapid fucceffioo, which may yet be credible, as well as the non coii«
liiiam numero, led maritorum annos fuos computaat, of Seneca (de Bc-
neficiis. iii. i6.). Jerom faw at Rome a triumphant hnlband bury his
twenty-fir ft wife, who had interred twenty-two of his lefsfturdy prcdc-
ceiTors (Opp. torn. p. 90. ad Gerontiam). Bat the ten huibands in a
month of' the poet Martial, is an extravagant hyperbole (1. vi. epi-
gram 7.). ^

. (126) Sacellum Viriplac* (Valerius Maximus, 1. ii. c.i.) in the Pa-
latine region appears in the time of Thcodofiusi^ 4n t^ defcriptioa of
Rome by Publius Vidkor. *: • *

OF THE ROMAN EMPIRE. 57

indicates on which fide fubmiflion and repentance
were always expedted. Every zH of a citizen
was fubjedt to the judgment of the cen/ors ; the
firll who ufed the privilege of divorce afligned^
at their command, the motives of his con-
duct (127) ; and a fenator was expelled for dif-
mifling his virgin fpoufe without the knowled^
or advice of his friends. Whenever an action
was inftituted for the recovery of a marriage por-
tion, the prator, as the guardian of equity, ex-
amined the caufe and the charafters, and gendy
inclined the fcale in favour of the guiltlels and
injured party. Auguftus, who united the pow-
ers of both magiftrates, adopted their different
modes of repreffing or chaftifing the licenfe of
divorce (128). The prefence of feven Roman
witneffes was required for the validity of this fo-
lemn and deliberate ad ; if any adequate provo-
cation had been given by the hulband, inftead
of the delay of two years, he was compelled to
refund immediately, or in the fpace of fix months ;
but if he could arraign the manners of his wife,
her guilt or levity was expiated by the lofs of the
fixth or eighth part of her marriage-portion.
The Chriflian princes were the firft who fpeci- ^^
lied the juftcaufesof a private divorce ; their in-
ftitutions, from Conftan tine to Juftinian, appear
to fluduate between the cuftom of the empire
and the wifhes of the church (129), and the au-
thor of the Novels too frequently reforms the

jurif- '

( 1 17 ) Valerius Maximur, 1. ii. a 9. With fomc propriety he judges
diVorcc more criminal than celibacy : illo namque conjugalia facra fpreta
tantum>'hoc etiam injuriofe tra<£lata.

(laS) Sec t|jc laws of Auguftus and his fucccflorp, in Hcinecciu?, ad
Legem Papiam-Poppxam, c. 19. in Opp. torn. vi. P. i. p. 3-3-333.

(i49)'*Aliae fdnt leges C«farnm, alia; Chrifti ; aliudPapinianus, alind
Faulusff^^ precipit (Jerom, torn, i. p. 198. Selden. Uxor Ebraica,
I ill c. 31. p. 847.-853.).

58 THE DECLINE AND FALJ.

jurifprudence of the Code and P^nd^iSts. In the
moil rigorous laws, a wife was condemned tp
fupport a gamefter, a drunkard, .or a libevtioe,
Vjnlefs he were guilty of homicide, poifon, or fa-
erilege, in which cafes the marriage, as it Ihould
feem, might have been diflblved by the barkd of
the executioner. But the facred right of the huf-
band was invariably maintained, tp deliver bi$
name and family from the difgrace pf adultery :
the lift of fnQr$al fins, either male or female, wa«
curtailed and enlarged by fucceffive regulations,
and the obftacles of incurable impotence, ioyag
abfencf, a^jd monaftic profeffion, were allowed
to refcind the matrimonial obligation. Whoever
tranfgreffed the permifUon of the law, was fyb-
je£t to various and heavy penaltiejs. The wo-
man was llripped pf her wealth and ornaments,
witbout exceptijig the bodkin of her hair : if the
man introduced a new bride into his .bed, her
fontune mi^ be JawfuUy feijzed by the ven-
geance pf ibis exiled wife. Forfeltvire was fome^
times conirnuted to a fiq^ ; the fine w^ ifom/e*
tilings; aggravated by tranfpprtaition to an ifland,
or iaaprifonment in a mon^ftery: the injured
party was releafed from the bopds of marriage ;
but' the offe^de^', during life or a term, of yejar^,
was difabled from tiie repetition pf nuptials.
The fucceflbrof Juftinian yielded to the .prayers
of his unhappy fubjeds, and reftored the liberty
of divprce by rnutu^l confent ; the civilians wer«
unanimous (130), the theologians were di-
vided

( 1 30) The Inftitutes arc filent, but we may confult the Codes of Thc-
odofius (J. iii. tit. xvi. with Godcfroy*s Coipmentary, torn. i. p. 3J0-—
3 1 5.) and Juftinian (1. V. tit. xvii.), the Pandefts (1. xxiv. tit. ii.) and
the Novels (xxii. cxvii. cxxvii. cxxxiv. cxK)* Juftinian fludkuat^d to
the iai't between civil and eccleilaftical law.

OF THE ROMAN EMPIRE. 59

vidcd (131), arKl *he ambiguous word, whidk
contains the precept ^f Chrift is flexible to anj^^.
interpretation dut the wifdom of a legiiktor can
demand.

The freedom oi lov-e and marriage <was ne^ loccd, cob-
ftrained amcx^ the Romans by. natural and ciiril f;J'"*!» "*
hn-pediments. An inftind, almoft innate and
univerfal, appears to prohibit the inceftuoua
commerce (13 2) of parents and childi^a in the
infinite feries of af(jending and dcfoending ge-p
aerations, Concernmg the .oblique and x:olIaxef
ral branches, nature is indifferent, reafon mute, x^
and cuftona various and arbitrary. In Egypt, -^
the nuirriage of brothers and lifters was admitted
widiout fcruple or exception : a Spartan n^Light
efpoufe the daughter of his father, an Athenian,
that of his mother ; and die nuptials of an uncle
with his niece were applauded at Athens as an
happy union of the dearaft relations. The pro-
fane lawgivers of Rome were :neyeir tempted by
intereft or fuperftition to multiply the forbidden
degrees : but they inflexibly condemned the
marriage of fifters and brothers, hefitated whe-
ther iirft coufms ihould be touched by the fame

tnterdid;

< 1 3 1 ) In pare Creeic, vC6fUt» » aot fi common «nrprd/, nor qiq ,the
proper nveaning, foioication» \>t i'tridlv applied %o matrimonial fiq.
lo a figurative lenfe, how far, and to what ofTcnces, may it be -extend-*
«ft> Di(i;ChrU*t ijpeak the tRabioi<^al or Sjriac tongae ? OF.wiiat origi-
pal word is w^u» the trax^tion ? How varioufly is that Greek wot;d
traailated in the verfions ancient and modern 1 There are two (Mark,
•X. If . iLnke, xvi. i8.) to one (Matthew, xix. 9.) that fuch groand
of divorce was not excepted by Jefus. Some critics have prefumed to
th^nk, by an e^»five aijiwer, he avoided the giving offence either to
the ichool of Sammai or to- that of HiUel fSeWen, Uxor£biuuca, I.
iii. c- 19 — 2X. 2-8. 31.).

(131) The principles of the Roman jurifpnidence are expofed-hy
'JaftJnian(lQftitut. 1. i. tit. x.) ; and the Jaws and manners of the 'dif-
ferent natioj;i8pf antiquity concerning forbidden degrees, <8cc. are copi-
^ondy explained by Dr. Taylor in 'his Elements of •Civil Law (p. 108.
314 — 339.)? * work of »mOfing,thongh various, reading i batwhioh
caaaot be praifcd for philofophical -prec^oa.

6o THE DECLINE AND FALL

interdid ; revered the parental charafter of aunts
and uncles, and treated affinity and adoption a$
a juft imitation of the ties of blood. According
to the proud maxims of the republic, a legal
marriage could only be contradted by free citi-
zens ; an honourable, at leaft an ingenuous birth,
was required for the fpoufe of a fenator : but the
__. „::^ blood of kings could never mingle in legitimate
nuptials with the blood of a Roman ; and the
name of Stranger degraded Cleopatra and BercT
nice (133), to live the concubines of Mark Antony
and Titus (134). This appellation, indeed fq
injurious to the majsfty, cannot without indul-
gence be applied to the manners, of thefe Orienr
tal queens. A concubine, in the ftrift fenfe of
the civilians, was a woman of fervile or plebeian
extradtion, the fole and faithful companion of a
Roman citizen, who continued in a ftate of ce-
libacy. Her modell ftation below the honours
of a wife, above the infamy of a prpftitute, >yas
acknowledged and approved by the laws 1 from
the age of Auguftus to the tenth century, the ufe
of this fecondary marriage prevailed both in the
Weft and Eaft, and the humble virtues of a cour
cubine were often preferred to the pomp and in-
folence of a noble matron. In this conneftion,
the two Antonines, the beft of princes and of
men, enjoyed the conifgrts of donieftic love :
the example was imitated by many citizens im-
patient of celibacy, but regardful of their fa*

milies.

(133) When her father Agrippa died (A. p 44), Berenice was fix-
teen ye^trs of age (Jofeph. torn. i. Antiquit. Judaic. 1. xix. c. 9. p.
95a. edit. Havercamp). She was therefore above fifty years old when
Titus (A. D. j6) invitus invitam invifit. This date would not ha^^e
adorned,4he tragedy or paftoral of the tender Racine.

(134) The JRgyptia conjunx of Virgil (iEneid, viii. 688.) feems to
^e numbered among the monfters who warred with Mark- Antony
againft Auguftus, the fenate and the gods of Italy.

OF THE ROMAN EMPIRE. 6i

milies. If at any time they defired to legitimate
their natural children, the converfion was inllant-
ly performed, by the celebration of their nup-
tials with a partner whofe fruitfuhiefs and fidelity
they had already tried. By this epithet of natu-
ral, the offspring of the concubine were diftin-
guiftied from the fpurious brood of adultery,
proftitution, and inceft, to whom Juftihian re-
ludlantly grants the neceffary aliments of life ;
and thefe natural children alone were capable of
fucceeding to a fixth part of the inheritance of
their reputed father. According to the rigour of
law, baftards were entitled only to the name and u-
condition of their mother, from whom they
might derive the charaAer of a flave, a ftranger
or a citizen. The outcafts of every family were
adopted without reproach as the children of the ^---^ *
ftate(i35).

The relation of guardian and ward, or in Ro- Guardian*
man words of tutor and pupil, which covers fo *n<iWar<i«.
many titles of the Inftitutes andPandedls (136^,
is of a very fimple and uniform nature. The
perfon and property of an orphan muft always
be tmfted to the cuflody of feme difcreet friend.
If the deceafed father hadnot fignified his choice,
the agnatSy 6r paternal kindred of the neareft
degree, were compelled to a(ft as the natural
guardians : the Athenians were apprehenfive of
eXpofing the infant to the power of thofe moil

inte-

(13$) Tht b^ble tmt legal rights of Conctibines and hattiral cBU
dreoy are ftated in the Inftitutes (1. i. tit. x.), the Panded^s (1. i. tit.-
Vii.), the Code (1, v. tit. xxv. j, and the Novels (Ixxiv. Ixxxix.). The
refearches of Keineccius and Giannone (ad Legem Juliam et Papiam-
lPopp«am^ c. iv. p. 164—175. Opcrc Pofthume, p. 108 — 158.) iliup-
trate this interefting and domeftic i'ubjed.

(136) See ti^e a'rttele of guardians and wards in the Inftitutes (1. i«
lit. xiii.*-xxvi.), the Panders (I. xxvi, xxvii.), and the Code (I. v. tit.
xxyiii.'^'lxx.).

■>

6a THE DECLINE AND FALL

iftterefted in h\s death ; but an axiom of Roman
jurifprudcnce has pronounced, that the charge of*
tutelage fliould eonftantly attend the emolument
of fucceffion. If the choice of the father, and
the line of confaftguioity^ afforded no efficient
guardian, the failure was fupplied by the nomi-
nation of tire praetor of the city, or the prefi-
dent of the province. But tlie perfon whom
they named to this pM'c office might be legally
cxcufcd by infanity or blindnefs, by ignorance
6r inability, by previous enmity or adverfe in-
tcrcft, by the number of children or guardian-
flitps with which he was already burthened, and
by the immunities which were granted to the
u(efui labours of magiftrates, lawyers, phyfi-
cians, and profeflbrs. Till the infant could
ipeak and think, he was reprefented by the tu-
tor, whofe authority was finally determined by
the age of puberty. Without his confent, no
adl of the pupil cduld bind himfelf to his owa
prejudice, though it might oblige others for his
pcrfonal benefit. Itisneedlefc to obferve, that
the tutor often gave fecurity, and always tcn^
dcred an account, and that the want of diligence
or integrity expofed him to a civil and almoft
criminal aftwrn for the violation of his facred
truft. The age of puberty had been raihiy fixed
by the civilians at fourteen ; but as the faculties
of the mind ripen more flowly than thofe of the
body, a curator was interpofed to guard the for-
tunes of a Roman youth from his own inexperi-
et!oe and teadftrong paflibns. Such a truftee
had been firft iilftituted by the praetor, to fave a*
family fi-om the blind havock of a prodigal or
madman ; and the minor was compelled by the
laws, to folicit the fame proteftion^ to give va-

liditjr

OF THE ROMAN EMPIRR 63

Iidtty to hii^ d€ls till hedccomplillied the full pe-*
riod of twenfy-flve years. Women were con-
dertined to the perpetual tutelage of parents,
hulbandSy or guardiiaris j a fex created to pleafe
and obey wad never fitppofcd to have attained
the age of rdafoil and experience. Such at leaft
was the itern and haughty fpirit of the ancient
law, which had been infenfibly mollified before
the time of Juftiftian.

II. The original right of property can only be 11. or ^
juftifted by the accident or merit of prior occu- J"^^®*'
pancy ; and on this foundation it is wifely efta- ^toptnj. V
biifhed by the philofophy of the civilians (137). 1

The favage who hoUo\rs a tree, inferts a fharp /

ftone into a wooden handle^ or applies a ftrmg to v/

an elaftic branch, becomes in a ftate of nature-
the jufk proprietor of the canoe, the bow^ or the
hatchet. The material were common to all,
the n6w form, the produce of his time and fim-
ple induftry, belongs folely to himfelf» His hun-'
gry brethren cannot, without a fenfe of their own
injuftice, ejstort from the hunter the gamb of the
foreft overtaken or flain by his perfonal ftrength
and de5rterity. If his provident care prefervea
and multiplies the taftie animals, whbfe nature is
traOi^le to the arts o^ education, he iacquires a
perpemafi titlejto the ufe and fervice of their hu- —
merOus progehy, which derives its exiftence from
hiitt alone, rf he inclofes and cultivates a field
for their fuftenance and his own, a barren wafle
is Converted into a fertile foil ; the feed, the ma-
nure, the labour, create a new value, and the

rewards

(137.) Tnftittlt. ?. ii. tit, 1. W. dotapare the piirt afld ptctlfc rcaft>n^
iftg ot Caids aWl Htfincccius <l. li. tit. i. p. 69 — 91.) with the loofc ^
prolixity of Thcophilus (p. 207 — 2^5.)' The bpiniftlft ofUlpiahane
frcTcrvId inUhe Panders (1. i. tit. viii. kg. 41. N* i.}.

64 THE DECLINE AND FALL

rewards of harveft are painfully earned by the
fatigues of the revolving year. In the fucceffive
fiates of fociety, the hunter, the fhepherd, the
hufbandman, may defend their poffeffions by-
two reafons which forcibly appeal to the feelings
of the human mind : that whatever they enjoy is
the fruit of their own induftry ; and, that every
man who envies their felicity, may purchafe
fimilar acquifitions by the exercife of fimilar di-
ligence.* Such, in truth, may be the freedom
V: and plenty of a fmall colony caft on a fruitful
ifland. But the colony multiplies, while the
fpace ftill continues the fame : the common rights,
the equal inheritance of mankind, are engrofled
by the bold and crafty j each field and foreft is
circumfcribed by the land-marks of a jealous
matter ; and it is the peculiar praife of the Ro-
man jurifprudence, that it aflerts the claim of the
-.^ — firft occupant to the wild animals of the earth,
the air, and the waters. In the progress from
primitive equity to final injuftice, the fteps are
filent, the (hades are almoft imperceptible, and
>.the abfolute monopoly is guarded by pofitive laws
.J ^nd artificial reafon. The aftive infatiate prin-
ciple of felf-love can alone fupply the arts of
life and the wages of- induftry j and asfoon as
civil government and e^clufive property have
been introduced, they become neceflary to the
exiftence of the human race. Except in the An-
gular inilitutions of Sparta, the wifeft legiflators
have difapproved an agrarian law as a falfe and
dangerous innovation. Among the Romans, the
enormous difproportion of wealth furmounted
the ideal reftraints of a doubtful tradition and an
ohfolete ftatute ; a tradition that the pooreft fol-
lower of Romulus had been endowed with the
: . perpetual

OF THE ROMAN EMPIRE. 65

perpetual inheritance of two jugera (138), a fta-
tute which confined the richell citizen to the mea-
fure of five hundred jugera, or three hundred and
twelve acres of land. The original territory of
Rome confifted only of fome miles of wood and
meadow along the banks of the Ty ber ; and dc-
meftic exchange could add nothing to the na-
tional ftock. But the goods of an alien or enr^-
my were lawfully expofed to the firft hoftile oc-
cupier ; the city was enriched by. the profitable
trade of war ; and the blood of her fons was the
only price that was paid for the Volfcian Ihecp,
the flaves of Britain, or the gems and gold of
Afiatic kingdoms. In the language of ancient
jurifprudence, which was corrupted and forgot-
ten before the age of Juftinian, thefe fpoils were
diftinguifned by the name of manceps or matici-
piuntj taken with the hand ; and whenever they
were fold or emancipated^ the purchafer required
fome affurance that they had been the property
of an enemy, and not of a fellow citizen
^^2>9)' A citizen could only forfeit his rights
by apparent derelidlion, and fuch derelic-
tion of a valuable intereft could not eafily
be prefumed. Yet according to the twelve ta-
bles, a prefcription of one year for moveables,
and of two years for immoveables, aboliflied
the claim of the ancient matter, if the aftual
poffeiTor had acquired them by a fair tranfaftion
Vol. VIIL F from

(138) The bereJium of the firft Romans is defined by Varro (dc Re
RufticS, I. i. c. 1. p. 141. c. 10. p. 160, 161 edit. Gefner), and
clouded by Pliny's declamation (Hift. Natur. xviii, 2.)- Ajuftand ^
learned comment is given in the Adminiftration des Terres chez lea '"
Remains (p. 12 — -66.),

(139) The resmancift\% explained from faint and remote lights
by Ulpian (Fragment, tit. xviii. p. tfi8, 619.) tnd Bynkerlhock (Opp.
torn. i. p. 306 — 31s-)* Thede()pition is fomevhat arbitrary ; and as
ttoQc except myfclf have sfiigQcd a rcafoP, 1 sm difBctiMK of my own.

66 THE DECLINE AND FALL

from the perfon whom he believed to be the law-
ful proprietor (140), Such confcientious in-
jufticc, without any mixture of fraud or force,
coif Id feldom injure the members of a fmall re-
public ; but the various periods of three, of tea
or of twenty years, determined by Juftinian,
are more fui table to the latitude of a great em-
pire. It is only in the term of prefcription that
the diftindlion of real and perfonal fortune has
been remarked by the civilians^ and their gene-r
ral idea of property is that of fimpJe, uniform,
and abfoiute dominion. The fubordinate excep-
t\onso(ufe,o(tifnfru£i (141), oifervitudes{\A^i)^
impofed for the benefit of a neighbour on lands
and houfcs, are abundantly explained by the pro-
feffors of jurifprudence. The claims of pro-*
perty, as far as they are altered by the mixture,
fhedivifion, or the transformation of fubftances,
^._Jli are inveftigated with metaphyfical fubtlety by
the fame civilians.
Of inherit- The perfonal title of the firft proprietor muft
focccffiot. ^ determined by his death : but tl^ pofleffion,
without any appearance of change, is peaceably
continued in his children, the aflbciates gf his
toil and the partners of his weaJth. This riatu*
ral inheritance has been proteded by the legilla-
fors of every climate and age, and tiie father is

encouraged

(i4cr) I^rom tliis fliort prereriplion, Hurttc (Efljtyj!, yoh i. p. A^t-)
fhfers that there could not then be more order and fetfrlement in Italy
than now amongft the Tartars. By the civ.Jian of his adver'ary Wal-
lace, he is reproaehedy knd qoI without reafon, for overlooking the
conditions (Inftitut. J. ii. tit. vi.).

(141) See the Inftitutes (fc i. lit. iv, v.) and the Panded^s (I^ vii}.
Koodt has compolcd a learned and diftin£l trcatife de. tyjufmSlu (Opp.-
torn. i. p. 387---478-)«

(141) The queftions «/« 5*rW//^j»/ are difcvfTed in the Inftitufes (L
ii. tit. iii,) and PandcfVs (1. viii.), Cicero (pro MurcnS, c. 9.) and
E.a£iantius (I-nftitut. DIvin. 1. i. c. 1.) affe^l to laugh ai the i^fignifi-
cant doftrinc dc equS pluviS arccndS, Sec Yet it might he of fic-
queiX ufe,j{zs^ng litigious neighbo«rS| both in town and country.

OF THE ROMAN EMPIRE.

encouraged to perfevere in flow and dillant im-
provements, by the tender hppe, that a lorg
pofterity will enjoy .the fruits of his labour. The
principle of hereditary fucceflion is univerfal, but
the order has been varioufly eftablilhed by con-
venience or caprice, by the fpirit of national in-
ftitutions, or by fome partial example, which
was originally decided by fraud or violence.
The jurifprudcnce of the Romans appears to
have deviated from the equality of nature, much,
lels than the Jewil[h(i43), the Athenian (144),
or theEaglifli inftitutiQns(i45). On the deaUx
of a citizen, all his defcendants, unlefs they
were already freed from his paternal power, were
called to the inheritance of his pofleflions. The
infolent prerogative of primogeniture was un-
known : the two fejces were placed on a juft le-
vel ; all the fons and daughters were entitled to
an equal portion of the patrimonial eftate ; and
if any of the fbns had been intercepted by a pre-
mature death, his perfon was reprefented, and
his (hare was divided, by his furviving children.
On the failure of the diredt line, the right of fuc- ^Y'^^^-
ceflion muft diverge to the collateral tranches, kbdrcd.
The degrees of kindred (146) are numbered by

F z, the

(143) Among the patriarchs, the firff born enjoyed t my (lie and
Spiritual primogeniture (Genefis, xxv. 31.). In the land of Canaan
hir wa6 entitled to a double portion of inheritance (Deutcronon^y, xxi.
17. with Le CIcrc's judicious Commentary).

( 144) At Athens the fons we're equal, but the poor daughters wer»
endowed at the difcretion of their brothers. See the xADp4X0< plead-
ings of If«U8 (in the vii*** volume of the Greek Orators), illuftrated "
by the verfion and comment of Sir William Jones, a fcholar, a law-
yer and a man of genius.

1( 1 4$ ) In England, the elded ion alone inherits aU the land, a law,
fays the orthodox judge £lackftone (Commenttries on the Laws of
England, vol. ii. p. 2i5.)9 unjoft only in the opinion of younger bro-
thers. It may be of fome political ufe in iharpeaing their induftry.

(14^) Biackftone's Tables (voL li. p. ftoz.) reprefenC and cocnpai*
the decrees of the civil with tho^ of the qav^ asd cominoA law. A

. I'epara&ft.

€8 TkE DECLINE AND FALL

the civilians, afcending from the laft pofleflbr to
a common parent, and defcending from the com-
tixon partnt to the next heir : my father ftands
in the firll degree, my br6ther in the fecond^ his
children in the third, and the remainder of the
feries may be conceived by fancy, or pidlured
in a genealogical table. In this computation, a
diftindion was made, effential to the laws and
tVLn the conftitution of Rome ; the agnatsy or
H\i / P^^^^^s connedled by a line o£ males, werecai-
^ led, as they flood in the neareft degree, to an
equal partition ; but a female was incapable of
tranfmittingNany legal claims ; and the cognats of
every rank, without excepting the dear relation
of a mother and a (on, were difmherited by the
twelve tables, as ftrangers and aliens. Among
Vr^i^jv^'^^ Romans, zgens or lineage was united by a
V' '^^^^ tommon name and domeftic rites; the various
cognomens ox Surnames of Scipio, or Marcellus, dif-
tinguifhed from each other the fubordinater
Branches or families of the Cornelian or Claudiaa
race : the default of the dgnats^ of the fame fur-
name. Was: fupplied by the laiger denomination
of gentiles ; and the vigilance of the laws main-
tained, in the fame name, the perpetual- defcent
. of religion and property. A fimilar principle
didat^ the Voconian law (147), which abolifh-
ed" the right of female inheritance. As long as
virgins were given or foM in marriage, the adop-
tion sf the wife extinguiflied the hopes of the

daughter.

feparttc trtdlk of fulius Paulus, dc gradilms ct affiaibu% is inrert,cd or
abridged in the Pandcas (1. xxxviii. tit. x.). In thcvU*** dcgrefes he
compu te8(N* i8.) 1024 perrons .

- ( 147 ) The Voconisifl' law was enatted in the year of Rom6 584.

The younger Scipio, who was then xvii years of age (Fienihemiu?„

" Supplementi Livian. xivi. 46.), found an occafion of exerciiuig his

gfinerofity to his mother, fkCtevs, &c. (Polybliis, torn. ii. 1. xxxi. ^.

M5yr*i4^4' edit* GronoY. » domeftic witacfs).-

OF TH5 ROM/VN EMPIRE. 6g

^au^ter. But the equal fucceffion of indepen-
dent matrons, fupportcd their pride and luxury,
and might tranfport into a foreign houfe the rich-^
cs of tjieir fathers. While the niaxims of Cato
(148J were revered, they tended to perpetuate in
each family a Juft and virtuous mediocrity : till
female blandifhments infenfibly triumphed ; and
"every falutary reftraint,was loft in the diffolute
greatnefs of the republic. The rigour of the
decemvirs was tempered by the equity of the
praetors. Thdr edidls reftored emancipated and
pofthumous children to the rights of nature ; and
upjn the failure of the agnate ^ they preferred the
blood of the cf^gnah to the nanne of the gentiles,
whofe title and charadter were infenfibly covered
Vith oblivion. The reciprocal inheritance of
mothers and fons was eftabliflied in the Tertul-
lian and Orphitian decrees by the humanity of
the fenate. A new and more iiiipartial <H"der
'Was introduced by the novels of Juftinian, who
affedted to revive the jurifpmdence of the twelve
tables. The lines of mafculine and female kin-
dred were confounded: jthe defcending^ afcend-
ing and collateral feries, was accurately defiiied ;
arid each degree, according to the proximity of
blood and affedtion, fuccecded to the vacant pofr
feflSons of a Roman citizen <i 49).

The order of fucceffion is regulated by na- '"t'^^."?^-
,ture, or at Jeaft by the general A.nd permanent bcrty of

reafon '^^'»'"'^^'*

(148) Legem Yoconiam (Eraefti, Cftvfs Ciceroaiaoa) ma^ft voce
bonis lateribns (tt Ixv years of age) faafifl*ero, fajs old Cato (de Se-
Aeaaie,c. 5.). Anfut Oellius (vii^, 13. xvii. 6.) has faved fome paf^
(ages.

(149) See the law if fuccefllon in the Inftltutes of Xains (I. ii. (it.
viii. p. 130—144.) ag d Juftinian (1. iii. tit. i— vi. with the'Greek vcr-
Hon of TheophiittSj p. 51 s—g^g. ^8S-*'6ooo. ), the Pandects (1. xxx\iii.
tit. vi — ^xvii.), th Code (l^ vi. fii. Iv-r4x.^j apd the Novpis
(cxviii.).

70 THE DECLINE AND FALL

reafon of the lawgiver : but this order is fre-
quently violated by the arbitrary aiid partial
. 'wills which prolong the dominion of the tefta-
tor beyond the grave (150). In the fimple ftate
of fociety, this laft ufe or abufe of the right
of property is feldom indulged : it was intro-
duced at Athens by the laws of Solon; and
the private teftaments of the father of a family
zxc authorifed by the twelve tables. . Before the
time of the decemvirs (151), a Roman citizen
expbfed his wiflies and motives to the alTembly
of the thirty curise or parifties, and the general
kw of inheritance was fufpended by an occafi-
cMial aia of the legiflature. After the permiflion
pf <he decemvirs, each private lawgiver promul-
' gated his verbal or written teftarnent in the pre-
feoce of five citizens, who rqHrefented the five
4; c;Iaifes of the Roman people*; a fixth witnefs at-»
tcfted their concurrence^ a feventh weighed tte
copper money, which was paid by an imaginary
pijirchafer ; and the eftate wap emancipated by «
.fi<aitiou6 fal^ and itnmediate r^leafe. , This fm-
.gukr cerenwny OS^^t which excited the W(mdef
of the Greek^ji was ftUl pradifed iji tht age of
.. Sevems i

{\%o) That fucccffion was .the r»fe, tcftanjcnt Aiie exteftion, i« prp-
ved by Tajlor (ElcmeWf of CivH Lav^, p. 51^—517.), t kamctJ,
i«iabltp{t> tpiHited) vriter. l^ tht \\^%idA iii^ . books tlic inetliod of
the Inlftitutes is -doubtlofs prepofterons ; and t^ic Chancellor Dagycf-
ileafi (Octtvre?^ toni. ). p, iys-) V^tlKes hhs tonftttyinaii DoMat in the
-ylijte ^ Tribonian. v Yet cevenants before fuccejions is not furely the
natural order af the civil iavs.

(151) Prior examples of teftaments are perhaps fabulou?. At Athens
9. thiUip father ooiy cObki ihdke A yilVL (PkearoK^' in fiolofifc, t4>m.
i. p. 164. Sec Ifatms and Joaes)

{t^) The teftarnent of Augiftns )s fp^iSed ^j Suetooiut ^iti Au-
{;uft. c. loi. in Neron. c. 4 ), who may be (tudied as a code of Ro.
itaaa adti<{«itie«. Piitarth' (QpuiViul. torn. ii» fi^ SPfi. ) b fucprired

inpi^t h iFe3>cfi&t ra^ ^^i^'?. The l«iigOT]hfe x>f. Ulpian (Fragment.
tit. tt. p. ^27. e^t. 'S^'huhU^) i^'Umdf^ t^ dtzMtt-^loiim in
T^fd eft.

OFTHEROMANEMPIRt. 71

Severus ; but the praetors had already approved
a more fimple teftament, for which they required
the feals and fignatures of feven witneffes, free
from all legal exception, and purpofely fummon-
ed for the execution of that important aft. A
domeftic monarch, who reigned over the lives
and fortunes of his children, might diftribute
their refpedive fhares according to the degrees
of their merit or his affedion : his arbitrary dif-
pleafure chaftifed an unworthy fon by the lofs of
his inheritance and the mortifying preference of
a ftranger- But the experience of unnatural pa-
rents recommended fome limitations of their tef-
tamentary powers. A fon, or, by the laws of
Juftinian^ even a daughter, could no longer be
difinherited by their filence : they were conipcl-
led to name the criminal, and to fpecify the of-
fence ; and the juftice of the emperor aiumer^t-
ed the fole caufes that could juftify fuch a viola-
tion of the firft principles of nature and fociety
(153). Unlefs a legitimate portion, a fourth part,
had been referved for the children, they were en-
titled to inftitute an adtion or complaint of inoffi-
cious teftament ; to fup|>ofe that their father's un-
derftanding was impaired by ficknefs or age ; and
refpedfuUy to appeal from his rigorous fentence
to the deliberate wifdom of the magiftrate. In Legacies,
the Roman jurlfprudence, an effential diftinftion
' was admitted between the inheritance and the le-
gacies. The heirs who fucceeded to the entire
unity, or to any of the twelve fractions of the
fubftance of the teftator, reprefented his civil and
religious charafter, afferted his rights, fulfilled

his

(153) Juftiniin { Novell, cinr. N<» 3, 4.) CBttmer^tes onlf the pub-*
Jic jtod priva^ crimes, far wjhidi t Taa might Itkewtib diiin&ertc liis *

fathcV,

^z THE DECLINE AND FALL

his obligations, and difcharged the gifts of friend-
Ihip or liberality which his laft will had bequeath-
ed under thfe name of legacies. But as the im-
prudence or prodigality of a dying man might
exhauft the inheritance, and leave only rifk and
labour to his fucceffor, he was empowered to re-
tain the Fakidian portion ; to deduft, before the
payment of the legacies, a clear fourth for his
own emolument. A reafonable time was allowed
to examine the proportion between the debts and
the eftate, to decide whether he fliould accept or
refiife the teftament ; and if he ufed the benefit
of an inventory, the demands of the creditors
could not exceed the valuation of the efFe<fls.
The laft will of a citizen might be altered during
his life or refcinded after his death : the perfons
whom he named might die before him, or rejeft
the inheritance, or be expofed to fome legal dif-
qualification. In the contemplation of thefe
events, he was permitted to fubftitute fecond and
third heirs to replace each other' according to the
order of the teftament ; and the incapacity of a
madman or an infant to bequeath his property,
might be fupplied by a fimilar fubftitution (154).
But the power of the teftator expired with the ac-
ceptance of the teftament ; each Roman of ma-
ture age and difcretion acquired the abfolute do-
minion of his inheritance, and the fimplicity of
the civil law was never crouded by the long and
intricate entails which confine the happinefs and
freedom of unborn generations.

Conqueft

(154) Tiic fuhfif tutioHs fJei cfifponsjaires of the modern civil law i« a
feudal idea grafted on the Roman jurifprudence and bears fcarcely any
refemblance to the ancient Bdei-commifra (Inftitutions du Droit Fran-
cois, torn. i. p. 347—383. DeniflTart, Deciiions de J uri (prudence,
torn. iv. p. 557—604.). They were ftretched to the foarth degree by
an abu.'e of the clix*^ Novel ; a partial, perplexed, declamatory law.

OF THE ROMAN EMPIRE. 73

Conqueft and the formalities of law efta-^<>*!«cii**n^
blilhed the ufe of codicils. If a Roman was fur- *'*'"*
prized by death in a remote province of the em-
pire, he addreffed a fhort epiftle to his legitimate
or teftamentary heir ; who fulfilled with honour^
or negledled with impunity, this laft requeft,
which the judges before the age of Auguflais
were not authorized to enforce. A codicil might
be expreffed in any mode, or in any language ;
but the fubfcription of five witnefTcs muft de-
clare that it was the genuine compofition of the
^uthor. His intention, however laudable, was
fometimes illegal ; and the invention of fidei-
commijfa^ or trufts, arofc firom the- ftruggle be-
tween natural juftice and pofitivc jurifprudence.
A ftranger of Greece or Africa might be the
friend or benefaftor of a childlefs Roman, bi|t
none, iexcept a fellow-citizen, could zGt as his
heir. The Voconian law,, which abplifhed fe-
male fucceflion, reftraincd the legacy or inheri-
tance of a woman to the fum of one hundred
thoufand fefterccs (155) ; and an only daughter
was condemned almoft as an alien in her father's
houfe. The zeal of friendftiip, and parental af-
fedtion, fuggefted a liberal artifice : a qualified
citizen was named in the teftament, with a
prayer or injunftion that he would reftore the in-
heritance to the perfon for whom it was truly in-
tended. Various was the condud of the triiftees
in this painful fituation : they had fworn to ob-
serve the laws of their country, but honour
prompted them to violate their oath : and if they
preferred their intereft under the malk of pa-

triotifm,

(i§5) DionCaflius (torn. ii. I. WI. p. 814. with Rcimar'sNotc ) fpc-
clfics in Greek money thelum of ajjcoo drachms.

74 THE DECLINE AND FALL

triotifin, they forfeited the efteiem of every vir-
tuous mind. The. declaration of Auguftus re-
lieved their doubts, gave a legal fandiion to con-
fidential teftaments and codicils, and geiitly un-
ravelled the forms and rellraints of tte republi-
can jurifprudence (156). But as the new prac-
tice of trufts degenerated into fome abufe, the
trujftee was enabled, by the Trebellian and Pega-
fian decrees, to referve one fourth of the cftate,
or to transfer on the head of the real heir all the
debts and aftions of the fucceflion. The inter-
pretation of teftanwnts was ftridt and literal ; but
the language of trufts and codicils was delivered
from the minute and technical accuracy of the
civilians (157).
yn o» III. The general duties of mankind are im-

AcTioNs. p^f^d by ^ji^jj. public and private relaticois : but
their fpecific obligaticns to each other can only be
the cfFedit of, i. a promifc, 2. a benefit, or 5.
ah injury : and when thefe obligations are rati-
fied by law, the intercfted party may compel the
performance by a judicial a£lion. On this prin-
ciple, the civilians of every country haVe erected
a fimilar jurifprudence, thefairconclufion of uni-
verfal reafon and juftice (158).
Promifes. ^ • The goddefs of faith (of human and fociml
faith) was worfhippt^d, not only in her temples,
but in the lives of the Romans ; and if that na-
tion was deficient in the more amiable qualities
of benevolence and generofity, tliey aftonifhed

the

(igtf) The revolutiom: of the Roman laws of inhetitance arc finely,
tb ugh lbmeum€3 fancifii41y, deduced by Mootefi^owu (Efprit d« Loix,
1. xxvii. ).

(157) Of the civil jurirprudencc of fncceflioas, teftament?, codicil?,
legacies, and trufts, the principles arc afcertaincd in the Inftitutes of
Caius(l. ii. tit. ii.— ix. p. 91—144.), Juftinian (1. ii. tit. x— xxv.), and
Thcophilus (p. 3z8— 514.); and the irhmcafc detail occcpics twelve
books (xxviii. — xxxix.) of the Pandc£fcf.

(158) The Inftitutes of Caius (I. ii. tit. ix. x. p. 144—114.), of Juf-
tinian (I. iii. tit. xiv.— XXX. U iv. tit., i— vi.), and of Thcophilus
(p 615—837.) diftinguifh four forts of obligations — tut re, aut n/erbis^
^uiliurh, nut ecri/efi/u : but I coufcftmyfclfpartial tomy owndivifion.

OF THE ROMAN EMPIRE. 75

the Greeks by their fincere and fimple perfor-
mance of the moll burthenfome engagements
(159). Yet among the fame people, accord-
ing to the rigid maxims of the patricians and de-
cemvirs, a naked pa6i^ a promife, or an oath, did
not create any civil obligation, unlefs it was con-
firmed by the l^al form di^ftipidaum. What-
ever might be the etymology of the Latin word,
it conveyed the idea of a firm and irrevocable
contradt, which was always expreffed in the
mode of a queftion and anfwer. Do yiou pro-
mife to pay me one. hundred pieces of gold ?
was the folemn interrogation of Seius. I do
promife*— was the reply of Semprpniira, The
friends of Sempronius, who anfwered for his abi-
lity and inclination^ might be feparately fued at
the option of Seius ; and the benefit of partition,
or order of reciprocal adions, infenfibly deviated
irom the ftrift theory of ftipulation. The moft
cautions and delibarate confent was jufUy requir-
ed to fuftain the validity of a gratuitous promife ;
and the citizen who might have fuftained a legal
iecurity) incurred the fufpicion of fraud, and
paid the forfeit of his negled. - But the inge-
nuity of the civilians fuccefsfiiUy laboured to con-
vert fimple engagements into the form of fo-
lemn ftipuktions. The praetors, as the guar-
disHis of focial faith, admitted every rational evi-
dence of a voluntary and deliberate ad, which
in their tribunal producJed an equitable obligation,
and for which they gave an adion and a re-
medy (160).

2* The

( I %9\ ^^*^ «wch <» the cool, rtti«ml cvUcacc of PoiyWtis (f . vi. p.
^93.4. xxxl. p. 1459, 1450.) fuperior to vague, indifcriminatc appUui'e
"—omnium maxime et praecipue fidem coluit (A. Gelliu*:, xx. i.).

(i5o) The Jus. Praetofium dc PtiSbis ct Tranfa€lionibus is a fcparafc
,*iuif«tisfaaory'trc*tUe of Gerard Nooit^Opp. torn. i. p. 483, — S<J4-)'
And I will here obferve that the imiveriiiics of Holland and Brandeo-
"burgh, \n the beginning of the prefttnt century, appcJir to h.ve ftiidie^
the civil law oa the molt juft and liberal principles.

" 5-

76 THE DECLINE AND FALL

icnefitt. 2. The obligations of the fecondclafs, as they
were contradted by the delivery of a thing, are
marked by the civilians with the epithet of real
(i6i). A grateful return is due to the author of
a benefit ;' and whoever is entrufted with the
property of another, has bound himfelf to the
facred duty of reftitution. In the cafe of a
friendly loan, the merit of generofity is on the
fide of the lender only, in a depofit on the fide
of the receiver ; but in a pkd^e^ and the reft of
the felfifh commerce of ordinary life, the benefit
is compcjifated by an equivalent, and the obli-
gation to reftore is varioufly modified by the na-
ture of the tranfadion. The Latin' language
very happily expreffes the fundamental diflfe-
rence between the commodatum and the mutuatum^
which our poverty is reduced to confound under
the vague and common appellation of a loan.
In the former, the borrower was obliged to re-
ftore the fame individual thing with which he
had been accommodated {oi the temporary fupply
of his wants ; in the latter, it wasdeftined for
his ufe and confumption, and he difcharged this
mutual engagernent, by fubftituting the fame fpe-
cific value, according to a juft eftimation of num-
ber, of weight and of meafure. In the con-
--^ — tradofyi/(?, the abfolute dominiori is transferred
to the purchafer, and he repays the benefit with
an adequate fum of gold or filver, the price and
*^^J — univerfal ftandard of all earthly poffeflFjons. The
obligation of another contraft, that of location^
is of a more complicated kind. Lands or
■ houfes, labour or talents, may be hir^ for a de-
finite term ; at the expiration of the time, the

thing

( i^i ) The oice and various fubjeft of conCraf^s by confenC, is fpread
over four books (xvii-^xx.) of the Pandefip, and is on« mi the parta b|r|
defei-vin^ of the attcation of ao Eo^lifti ftudent.

op THE ROMAN EMPIRE. 77

thing itfelf muft be reftored to the owner with an
additional reward for the beneficial occupation
and employment. In thefe lucrative contracts,
to which may be added thofc of partnerihip
and commifTions, the civilians fometimes ima-
gine the delivery of the objeft, and fometimes
prefume the confent of the parties. The fub-
ftantial pledge has been refined into the invi-
lible rights of a mortgage or hypotheca ; and the
agreement of fale, for a ce*rtain price, imputes,
from that moment, the chances of gain or lofe
to the account of the purchafer. It may ^bc fairly
fuppofed that every man wili obey the dictates x
ef his intereft ; and if he accepts the benefit, ^
he is obliged to fuftain the expence, of the tran-
fadtion. In this boundlefs fubjedt, the hiflorian "^

will obferve the location of land and money, the
rent df the one and the intereft of the other, as
they materially affedl the piofperity of agricui-
tare and commerce. The landlord was often
obliged to advance the flock and inftruments of
hufbandry, and to content himfelf with a par-
tition of the fruits. If the feeble tenant was
opprefled by accident, contagion, or hoftile vio-
lence, he claimed a proportionable relief from
the equity of the laws ; five years were the cuf-
ternary term, and no folid or coftly im«
provemcnts could be expedted from a ^ farmer,'
who; at each moment, might be ejedled by the
fale of the eftate (162). Ufury (163), the inve- intcrcd mf

terate"*^'^^

(i6%) The cotreoantsof rent arc defined in the Panders (I. xix.) and
the Code (1. iv. tit. Ixv.). The quinquennium, or term of five year?,
appears to have been a cuftom rather than a law ; but in France ali
leafes of land were determined in nine years. This limitation was re-
moved only in the year 177$ (Encyclopedie Methodique, torn. i. de la
Jorifprudence, p. 668, 669.) ; and 1 am forry to obferve that it ftiU
prevails ia the beauteous and happj country where I am permitted Co re*
iidc.

(163} I might implicitly acquicfcc in the fcafe and learnifigof the

three

7« THE DECLINE AND FALL

teratc grievance of thecity^ had been difcouraged
J by the twelve tables ( 164), and abolifhed by the
"^^ ^glamours of the people. \\ wag revived by their
wants and idlenefs^ tolerated by the difcretion of
tlie prsBtors, and finally determined by the Code
of Juftinian. .Perfons of illuftrious rank were
''"^- - confined to the naoderate profit of four per cent.:^
Q ,^ fix was pronounced to be the ordinary and legal
ftandard of intcrcft v eight waa allov/ed for the
convenience of manufaaurers and merchants;
^ ^ ^twelve was granted to nautical infurance, which
the wifer ancients had not attempted to define ;
but except in this peribus adventure, the prac-
tice of exorbitant ufury was feverely reftrained
(165). The moft fimple intereft was condemned
_ j >y the clergy of the Eaftand Weft (i66; : but
. tlie fenfe of mutual benefit^ which had triumphed
over the laws of the republic, has refifted with

equal

tliree beokfr •£ O. Noo^^dc fbnore et iiTuris (Opp. torn. i. p. 17s— ^
269.). The intcrprcUtioaof the affis or centejim^ ufurse at twelve, the
untimriM at ooe, per cent. 16 maintained by the belt critic^ and aVilitas ;
Noodt (1, ii. c. ». p. 107. )» Grawna (Opp. p. 1^5, &c. a 10.), Heinec'r
eras (AntiquitaL adlnftitut. L iii. tit. xv.), Montefquieu (Ef'prit des
Loix, I. xaii. c. ti. torn, iL 35. Defenfcde TEfprit dcs Loix, torn. iii.
pi. 478, &c.), «ad above all John Frederic Gronoviu8(dePccunia Vc-
teri; 1. iii. C. 13. p. 213 — 127, aod his three Antexegcfes, p. 455—555.),
the founder, or at tearcthe champiop, of this probable opinion; which
h, however, perplexed with fome difficulties.

(i(>4}Primo Cabulisxiifancitom eftne quis cndario fcenore ampiins
e^crcc^^t (Tacit, Annal. W. i^.). Pour peu (fays Mootefqaieu, £/'pri|
deslyoix, L jtxii. c - 2%.) quVo foit verfe dans Thiftoire de Rome^ on
▼erra qu*une pareille loi ne devort pas Hrc Tonvragc des decenavfrj!.
Was Tacit«s ignorant— >or ftupid I But the wifer and more vfrtuous pa-
trician? paight facrifice their avarice to their ambition, and might at-
tempt to check the odious pra£lice by fuch intereft as no lender would
accept, and fuch penalties as no debtor would incur.

( i<^5) Juftinian hat not condefccadcd to give ulvr^ a placA in his }n-
(iiwee<! *, but the aeceflary rules aad reftriaions are lofcrted in the f aiH
dcih (L xxii. tit. i, ii.) and the Code (L iv. tit. :uaiiy xjcxiii.).

(166) The fathers are voanjmoiu (Bafbeyraoi» Morale dcs Peref, p.
144, &€.): Cyprian, LafHatiusy Bafil) Chryfoftom (fee his frlYoiona
arguments in Noodt, (L i. c. 7. p.'i8JB.), Gregory of Nyfla^ Aia*-
jteofiiy iMookf Atigaltiay and a hoft of conscib aod cafufti.

OF THE ROMAN EMPIRE. 79

tqual firmncfs the decrees of the church, apd
even the prejudice of mankind (167),

3. >Jature and fociety impofe the* ftridt obli-t^jwics.
gation of repairing an injury ; and the fufferer
by private injuftice, acquires a perfonal right and
a legitimate adlion. If the property of another
be entrufted to our care, the rcquifite degree of
care may rife and fall according to the benefit
which we derive from fuch temporary poffeffion j
we arc feldom made refponfible for inevitable ac-
cident, but the confequences of a voluntary
fault muft always be imputed to the author ( r€8).
A Roman purfued and recovered his ftolen goods,
by a civil aftion of theft ; they might pafs
through a fucceflion of pure and innocent hands,
but nothing lefs than a prefcriptioilof thirty years - ;)
could extinguifh his original claim. They were
reftored by the fentence of the praetor, and the
injury was compenfated by double or riireefold^
or even quadmple damages, as the deed had
been perpetrated by fecret fraud or open rapine,
as the robber had been furprifed in the fad: or
deteded by a fubfequent refearch. The Aqui-
lian law (169) defended the living property of a ,

citizen, hisflavesand cattle, from the flxDke of
malice or negligence : the higheft price was al*
lowed that could be afcribed to the domeftic ani-
mal

(x67)CttOy Scnc62, Plutarch, ha^c loxtdiy coBdemocd the prac*
tice or abufe of uiury. According to the etymology of fttnus and
T0»d0-, the principal is l\ippofcd to generate the mtereft : a breed of
barren metal, exclaims SbakcTpctfc — and the ftage jls tiie t<ho of tht
public voice.

(1^8) Sir William Jones has given an ingenious and rational Eflay
dB the law <^ Baitnoent (London. 1781, p, lay^ ia &*). He is p^haps
the only lawyer equally converfant with the year-books of VVcftmin-
fter^ the Commentaric« of Ulpian^ the Attic pleadings of Iftvus, ami
the fentcnces of Arabian and Periian cadhis.

(169) Noodt (Opp. torn. i. p. 137 — 17a.) has compofed a fepa^
rile trcatifc, *d Legem A^uili»to (Paodc£k. L iac. tit, li.). "

8o THE DECLINE AND FALL

mal at any moment of the year preceding his
death ; a fimilar latitude of thirty days was
granted on the deftrudtion of any other valuable
efFecls. A peifonal injury is bhmted or fharp-
cned by the inainners of th!: times and the fenfi-
bility of the individual : the pain or the difgrace
of a word or blow cannot eafily be appreciated
by a pecuniary equivalent. The rude juril'pru-
dence of the decemvirs had confounded all hafty
infults, which did not amount to the fradlure of
a limb, by condemning the aggrejDTor to the com-
mon penalty of twenty-five affes^ But the fame
denomination of money was reduced, in three
centuries, from a pound to the weight of half an
i' ounce ; and the infolence of a wealthy Roman
indulged himfelf in the cheap amufement of
breaking and Satisfying the law of the twelve ta-
bles. Vefatius ran through the flreets ftriking
on the face the inofFenfive paflengers, and his
attendant purfe-bearer immediately filenced their
clamours by the legal tender of twenty -five
pieces of copper, about the value of one fhilling
(i 70). Tlie equity of the praetors examined and
cftimated the diftinft merits of each particular
complaint. In the adjudication of civil da-
mages, the magiftrate affumed a right to confi*
der the various circumftances of time and place,
of age and dignity, which may aggravate the
fhame and fufFerings of the injured perfon ; but
if he admitted the idea of a fine, a punifhment,
an example, he invaded the province, though,
perhaps, he fupplied the defefts, of the criminal
law.
pun.fh. The execution of the Alban diftator, who

mcois, jvas difmembered by eight horfes, is reprefented

by

(170) Aulus CcIHus (No£t. Attic, xx. i.) borrowed tEis ftor/ from
^^ Commentaries of (^ Labeo od the xii. tables*

OF THE ROMAN EMPIRE. 8i

by Livy as the firft and the laft inftance of Ro-
man cruelty in the punifhment of the moft a-
trocious crimes (171). But this act of juftice,
or revenge, was inflided on a foreign enemy in
the heat of vidtory, and at the command of a
fingle man. The twelve tables afFoid a more
decifive proof of the national fpirit, fmce they fhVmdvc^
were framed by the wifeft of the fenate, and ac- taWcs.
cepted by the free voices of the people ; ytt -^ "^ ?
thefe laws, like the ftatutesof Draco (172), are
written in charaders cf blood (173). They
approve the inhuman and unequal principle of
retaliation ; and the forfeit of an eye, for an eye,
a tooth for a tooth, a limb for a limb, is rigo-
roufly exaAedj unlefs the offender can redeem
his paidori by a fine of three hundred pounds of
copper. The decemvirs diftributed with much
liberality the flighter chaftifements of flagellation
and fervitude ; and nine crimes of a very different
complexion are adjudged worthy of death.
I. Any .adt of treafm againft the ftate, or of
correfpondence with the public enemy. The
mode of execution was painful and ignominious :
the head of the degenerate Roman was ,
fhroudedin a veil, his hands were tied behind his
back, and, after he had been fcourged by the
li<Slor, he was fufpended in the midft of the fo-
rum on a crofs, or inaufpicious tree. 2. Noc-
VoL. VIIL G . tumal

{171) The narrative of Livy (i. a8.) is weighty and folcmn. At
tu didlis Albane maneres is an harlh reflection, unworthy of VirgilV
humanity {Mntidj viii. 643.). Heyne, with his ufual good tafte, ob^
lerves that the fubjed was too horrid for the Ihieid of iGneas (toa>.
iii. p. zap J»

(iVz) The age of Draco (Olympiad xxxix. i.) is fixed by Sir Joha
MaiUiam (Canon Chronica?, p. 593 — 595.) >nd Corfini Pafti Attici,
torn. iii. p. 62). For his laws, fee the writers on the government of
Athens, Sigoaios, Meufiius^ Potter^ &c.

(173) The vii^^ de delidti?, of the xii tables is delineated by Gravina
(Opp. p; i8a^ 493. with a Commentary, p.a 14-^30. )• Anlus Gel-
lins(xx. I.) and the Collatio Legnm Mofaicarum et Romamnim af-^
ord muchi original information.

a fat DECLfNE AND FALL

farttal iheettngs \(t th6 city ; ^vhattveif might he
iHe pretence, of pleafureor religion^ or th6 pub-
Kc good. 3. TThe murdef of A chittti ; foi^
*/hich the common feelingis of mankind demand
fhe blood of thte murderer. Poifon^ is ftiJl mord
odious than the fword or digger ; artd we ar^
furptifed to difcover, in two flagitibiis ei^^nts,
how e^rly fuch fubtle \^ickedniefe teid infeft^d tte
fimplicity of the rej^blic, and the cfiafle \^trtues?
of the Rorfian hiatrons (174). the parricidd
who violated the dirties of nature and gratitude;
was caft into the river or tfce fta^ inclbfed in ^
lack ; ahd a cbck^ A viper, a dogy and a mon-^
k'ey, w^re ftieceffively added as tl^ mofft fliitable
compahfohs (i 75)« R^'y produces no monktes ^
trUt the want could never be fdt, till the midc^
Off thi5 fixth century ifirft fevealed the guilt of a
parricide {i 76) . 4. The maflice of afifl mtndiary^
After Ae previous ceremony of wftSpfMng, h&
MMelf iKras delivered to the ftmes; and in thid
example alone t^ur reafon ii^ tempted to applaud
file juftice of fefaliatic^b 5. Judicial perjury.

{l^]/^f) Uvy ilnenttolis two renmrkBlJIe liid 'fl'tgiticms Mru of loodh
peikons accufed, and of 1 90 noble matrons convi£tcdy of the crime of
|)oif6niti| (xl. 43. Viii. 18.). >^r. Hutile difcrifnifiatks the afjcs of pri-
vate anq. public virtue (B(%8, vol. I. p. 11, fcj*). I w6uld rather
fay that fuch ebullitions of mifchief (a« in Prance in the year 1680)
tfreiCcIdeties and prodigies which feave no ttitrks on- the maluMraof «
4ttidn.

f«75)Thexii Tablee and Cicero (pro Rofcio Amerino, c. 25, 2^-.>
are content with the fack ; Seneca (Excerpt. Controverf. v. 4.) adorns
itVitlrfcrpehis I JtzVenal pltifes-the ^guthfefs raonk^ ^innb^la <fimia^^
SSiy*. xiii. i^^.) Hadrian (tpudDoiitheum MagilWuni, ].'iii. c; 16.-
!>• 1^4^876. with Schtikittg*i Ndle), Modeftinvs (Paodta. Yiriti.
tit. ix. leg. ^)y ConnraiHine (God. J. ix. tit. xttlij, «nd }u(ttniBn(fa-
ftitut. 1. iv. tit. xViiJ.),' enumerate all the companions of the parricide*
Biit this faiicIfiire]iei[:utioh was iimpltffftd in ^/a£kicc. tittdie tamea
vivi eituriliiHir yiftl ad beftlds dantur(I^atti,-Settt«ni. -Recepe. L v.' tft^
JxiT. p..$Mb. edit. Sahultii^).

(176) The firft parricide at Rome Wftsl..'Oftto, after tile feo6iilf
Fnhic ii^r i( Pkitardi in RottiiiOy tdm. ■ i., p. $7. )* Darinj^ the -Oibi-*
.ly^s* V. 'tiPhOitfohitwat guilty ^ef ^tkft Srtt -nlatrtcidtt (U^, Spitom.^

OF THE ROMAN EMPIRE. 83

The comipt or nialkious wirncf^ wa$ throwa
headlong from the Tarpeian rock to e:!:piate his
fajfchood, which was rendered Hill mprefiital by
the (everuy of the pen^l law^, and the deficiency
g{ written evidence. 6. The corruption of 9
lucjge, who accepted bribes to prqnoynce an inn
quitous (entence. 7. Ljbels and fattres, whofe
rude ftrains fpmetimes difturbed the ;peace of ai)
illiterate city. The author was beatep with
glixhSf a worthy chaftrfement, but it is not cer*
tain that he w^s left to expire under the blows of
an eaKcution^ (i??)- 3. The nodtumal mif-
chief of damaging or dieftro)ing a neighbour^
corn. ' The cruxiinal was fufpended as a gratefid
yittijpa to Ceres. But the fylvan deities were lefji
jmpli^c^ble, and the extirpation of a more valiv^
,able tree was compen&ted by the moderate fii;i^ ,
of twenty-five pounds of copper. 9. Magigal
incantations ; which had power, in the opinio^
of the Latian fbepherds, to exhaull the ilrength
of an enemy, to extinguifli his life, and to re-
move from their feats his d^ep-rooted plantations.
The cruelty of the twelve tables againft infolvent
debtors dill remains to be told ; and I (hall dare
to prefer the literal fenfe of antiquity, to the fpe-
cious refinements of modern criticifm (178).
After the judicial proof or cpnfeflion of the
debt, thirty days of grace were allowed before a
Roman was delivered into the power of his fel-
G a low

(177) Horace talks of theformidine fuHis (1. ii. eptft. "• i$4*) * bat
Cicero (de Republica, 1* iv. apod Angnftio. de Cfviear. Dei, ix. €. ia
Fragmeot. PJulofopiL torn. tii. p. 303. edit, plhret) affirms tl^ic
the decemvirs made libels a capital offence : com pcrpaacas res captte
(tLnxiffcDt-^'fieffamcat J

(178) Bynkerihoek (Obfervat. Juris Rom. 1. i. c i* ia 0pp. toiQ«

p. 9, 10, II.) labours to prove that the creditors divided^ not the ^«^,

but thtftiec, of the infolvent debtor. Yet iiis interpreta^lQa is one pef|ie-

tual haHh metaphor ; nor can he furmouat the Roman authorities of
Qttintilian, Cscilias, P«roBitt9| «ad TertvUiM. Set A«ilitGeliiii»
HoCt, Attic. XZ4.

»4 tHE DECLINE AND PALL

16^y-citi2en. In thii^ private prifon twelve dunc'els
of rice were his daily food ; he oiight be bound
with a chain of fifteen pounds weight-; and his
mifery was thrice expofed in the market-place,
tofolicit the compalTion*of his frierids and coun-
trymen. At the' ejcpiration of fixty days, the
debt was difcharged'by the Icfs of liberty or life;
the infolvent debtor was either put to death, or
fold in foreign 'fla very beyond the Tyber : but
if fevefal creditors 'Were alike obltinate and un-
relenting, they might legally difmember his bo-
dy^ and fatiate their revenge by this horrid par-
tition. The advocates for this favhge law have
infifted, that it muft ftrongly operate in deter^
ring idlenefs and fraud from contracting debts
which they Avere* unable to difcharge ; but expe^
riencc would diffipate this falutary terror, by
•proving, that no creditor could be found to exact
this unprofitable penalty of life or limb. As
*the manners of Rome were ilifenfibly poliflierf,
the criminal codc'of -the dec^emvlrs was abolifh-
ed by the liumanity of accufers, witneflcs, and
judges V and impunity becdme the confequenCe
of immoderate rigour, The Porcian'and Va-
leriari'laws piT)hibited' the magiftrates fiom in-
flicting on a free citizen any capital, or even
corporal puniftrmenf ; and the obfolete ftatutes
of blood werfe artfully, and* perhaps truly,
'afcribed to the ' fpirit,' not of pafrlciaii, but of
regal, tyranny.
fr^oMil'ioa. }^ ^^- abferice pf p^nal Jaws and the infuf-
or penal 'ficlcncy of civU .anions, the p^ace and jaftice
• of the ■ city Were>imperfcdly nha'imalncd'by the
private jurifdidiion of the citizens.. The male-
•'fa;6tors who replenifh our gaols, d re the outcafts
' taf fociety^^and Jhe crimes for which they fuffer

Uws,

OF THE ROM A,N -EMPIRE. 85

roay be commooly . afcribcfl to ignorance, po-
verty, and brutal apperHe. \ For the perpetra-
tion of fimilar enorir/ities^^^' Vile* plebeian might'
clain? and abufe the facr^d chara^^^r of a mem-
ber of the republic ; biity nn the 'proof or fufpi-;
cion of '^li'ilt, .the 'flave, or the ftrangcr, was
nailed to a' .crpfs, ind this fl:ii<!?t and iummary
juftice migiit ' be exercii^'d Vviti^put reftralntovcr*
the greateft part of t;he poptij^*^^. of Ronie.
Each C^mijy contained d d6meftii tribunal, which
was ndt^cpnfin'ccJ, like that of the praetcr, to the.
Qognjiance of external aftions : - virtuous pruici-
pies and.^habitjB were inculcated' by the difciplitic
of education v. and tht Roman' father was ac-'
countable to the' ftate for th^ manners of ^is thil--'
dren, fmce hi£ difpofed, xyi'^thout appeal, qf fheir
l;fe, their liberty, and their jnlieritance. In fome'
preffitig- emergencies, the citizen was authorifecl^
to, avepge his private or public wrongs? ' The
confent. '6t the* Jewi/h,- 'the. Athenian, arid Ae
Roman l^ws^ ^approved t\ie flaughter of the noc-
turnal thief; though in open day light, a rpb-
ber could not be flain withotit fome previous'^
evidence of danger and complaint. Whoever
f^irprifed an adulterer in his nuptial bed might
freely ejcercife his revenge (i 79) ; the moft wan-
ton or bipody outrage was excufed by the pro-
vocation (180) i nor was it before the reign of
Auguftiis that the hufbiand w^s reduced to weigh

'"' '• '- ■■ ' "'the'

(J79) The firft fpccch of l4yfias (Rciflce^ Orator. Grscc torn, v, p.
If— 48,) is in defence of an huftand who had killed the aduicertr.
The right of hup)aQds and fathers at* Home and Athens 19 diicuifed
with much Icvning by Dr. Taylor (Leftiones Lyfiaoe, c. «i. m
Reiike, torn.' vi. p". 301-1—308.).

(180} See Caufabon ad Athcnaecmi, It <• c. $. p. ip. PercQrrent

-sphanique mugilefqu^ (CatuU. p. 41, 4%- cdi^* Voflian^). ' Hunc mu«

rilis intrat (Juvenal, Satir. x. 317.). Hunc perminx^e cilones

gHorat. ^. i. Satir. ii, 44.) familiae ftaprandam dedit • , . fraudi

pon fuit (VaJ. Maxim. 1. vi. <:. 1. N<».. 13.)* . .

i6 THE DECLINE AND FALL

the tank of the offender, or that th^ parent was
condemned to facrifice his daughter ^ith her
guilty feducer. After the expulfion of the kingis,
the ambitious Roman who (hould dare td af*
funic their title or imitate their tyraniiy. Wad
devoted t6 the infernal gods: each t^f his felt6W
citizens was armed with tfie fword of jiiftidfe ;
and the aA of Brutus, however repugnant to
^atitude or prudence, had been alfeady fanc«
tifiedby the judgment of his country (iSiJ.
The barbarous practice of weating arths in the
midft of peace (182), and the bloody maxims
of honour, were unknown to the Romans; and
during the two pureft ages, from the^ eftablifh-r
ment of equal freedom to the end of tile Punle
wars, the city was never difturbed by fedition,
^pA rarelv polluted with atrociotis Crimes. The
faihire of penal laws was more fehfibly felt when
every vice was inflamed by fadlion at home an*
dominion abroad. In the time of Cicero, each,
private citizen enjoyed the privilege bf anarchy :
each mmifter of the republic was eXalred to the
iemptati<jns of regal power, and theit' virtues
arc entitled to the warmeft praife as the f]5onta-^
iieo)is fruits of nature or philofophy. After a
triennial indulgence' of lull, rapine, and Cruelty,
Veri'es, the tyrant of Sicily, could only be fufed
for the pecuniary reftitution of three hundred
thoufand pounds fterlihg ; and fuch was the
^ temper

. (181) This Uw » notic^df by Livy (ii. 8.) and Pliitafch (b PiAJIktdaj
torn. i. p« 1 87*); . add it fully jufcifies the public opmibh on ite death.
of C«ra.F> which Sue^hss oouk! piibli^ ander tlie Ifb'periat gbVef h-
mcnt. Jurie caefiis cxiftimatur (in }iilio9 jc. 75^). Iteld the 'Icttew
tlia^ pa&f^ b^^wecfl Cicero and Matius a few mdhttis. after tfse Ides
o£ March: ( ad' ^^m. xi. 17, a8.).

(i8%) liftiTU it A4iir<i4«i Tcf Tt <rt%f»f lutrthfro. ^hucydid. 1. i.
Cr ^ The hiftdrtan -rrib confiders tbiw circumftaoce as (he teft of civi-
iivition, would difdain th< barbari!iQ of aa Enrofcan court.

OF THE ROMAN EMPIRE: 8?

jumper of the laws, the judg^, ^ncj perhaps tl^
^ccuff2jrhijpfelf(i83), ^that on refuQdinga thir-
teOMh p^it vf bi.s Rlupi4er» Verres cpuld f^tir^
to an e^y ajjd lyjfuriou? exil^ (iSa)*

The .^f^ iwpeffea iijtempt to feftore the prQr^^jTJ;;*^^^^

%y the w^^tpf Bylk^ l^ho in the midft of hiis
.iiwiguip^fy triuropht ?fpve{i tp jejtrgia the li-
x^cQcc, ratjber than tp.o|)pr.ej:;s the ]ii]t>er.ty, of tjf^e
.Rjoip^ns, B? glwefj yi ^ej^bitrary pxofcrip-
^ipp pf ^,ur ;koi4f*n4 fcyw hqndre^ citi;(5ertf
. (^&5)^ Sw.t Jm the ?h^i?4?.r pjF a )ogiilatpr, ^hp
j:€|^(5^e(4 thp prej^^^ of the tinries j gnd in-
,JjteM pf prowunci^ ^ fe^fepcp of dj?^th #gaiaft
J^e ^bbjE; qr Afl^m, Jlip^e j^q}tx»\ who betrayed
f^n ^ipy, or tive magilj:i;atje j?4>Q ruinejd a prg-
yiAfie^ ^/il? wa? QQAteqt to jajgg^av^.te ;^e pew-
mry 4wa^e3 hy the p^n^ty 9^ exit?, .pj> \n
^nvore fipijiftit-^tipnal l^Vflge, bjr the ,Uite:rclic-
tionpf ftfe a.n(J w?jter. The j^prpeJi^Ln^ ancj ^af-
terwarcip th^ Pompcian, and Jwiian^j la\y5 inJrQ-
d^c^ ji. I;l9^v fyjftqm of criminal jurifpr,udcnQe
XiJ?6) ^ ,iajR4 dhe Rriipiierors ftppi ^yguftus to

X«ftinia^,

(183) He firft ntcd^tt milUff (Bop,ooo/.) the damages of Sicily (Di-
yiMtio in Oeciliiun, c. $.)9 ^oh he aifterwards reduced to fM^drvt-
^f«te'«/ (^10,909^— A^joipy^r^qn* c. i8,), apd ,w^ J|nally (Qont^t
' yif ith jricies '{iJ^OQoh), rlutardi (in Ciccrbn, ton), ill, p. I $84.)
hasnot di(&itAI^ dbCipop^UV Oifpiooii sod reiK>c^^

.(%84) Verres lived near diirfy years after his trial, till thefecond
triumvirate, when he was profcribed bv the tafte of Mark:- Antony for
the fake of his Corinthian plate (Plin. Hift. Natnr. xxxiv. 3.).

.(i:35>Sooh,ia.4he f amber a^^dby y^lerii^ >i|ixinuis.(i. ipc.,c. i;

K** !))• ^^loruisitiiYt. %i*) dli'tlng;iufl>e8 2Qqp (cpfitprs and kargi];t>«.

,APPi*'*j[^ Bell. Civil, h. i^ c. j9j. torn. ii. p, 13^, edit.SehwcighaBttrer)

inore accurately computes 40 vi£Ums of the fenatorial rank, and 1^90

. jp>f.tjie equcftr4an.,ccnli|is,or.9rdq:..

(iSJSj For ^(le pcqai Uws (Lfges Corneli;e, PompeMB, Juli^ of
Syl^a, .^pmp^y, f^.f^e CaH^rsly. fee the fcntence. of Kaalus (1. iv,
t;it. jcviii^T^xi |}/^7 -'ji8'.,edit.^^ohulting), ^he Gregorian C.<»dc

(1. iv. tic. xviii.)} md t^ Greek vcrfioq of l^hcophifus (p. 9ij^r^

88 THE DECLINE AND FALL

Juftinian, cjifguifed their ericreafing rigour undet
ih names of the original authors. But the in-
vention and frequent ufe of extraordinary pains^
proceeded from the defire to extend and conceal
the progrefs of defpotifm. In the condemna-
tion of illuftrious Romans, the fenate was always
prepared to confound, at the will of their matters,
the judicious and legiflative powers." It was the
duty of the governors to maintain the peace of
their province, by the arbitrary and rigid adttii-
niftration of juftice ; the freedom of thip city
evaporated in the extent of empire, and the Spa-
nifh malefaftor, who claimed the privilege of a
Roman, was elevated by the command of Galba
on a fairer and more lofty crofs (187); Occa-
fional refcripts iflued froni the throne to decide
.the queftions which, by thf ir novelty or impor-
tance,' appeared to furpafs the authority and dif-
cernment of a proconful. Tranfportation and
beheading were referved for honourable perfons ;
meaner criminals werfe either hanged or burnt, or
buried in the mines,' or expofed to the wild beafts
of the amphitheatre. 'Armed robbers were pur-
fued and extirpated as the enemfes of fociety ;
the driving away horfes or cattle was made a ca-
pital offence (188) ; but fimple theft was uni-
formly confidered as a mere civil and private in-
jury. The degrees of guilt, and the modes of

punifti-

(187) It was a guardian 'who had poifoned his ward. The crime
was atrocious ; yet the punilhmcnt is reckoned by Suetonius (c. 9.)
among the afts in which Galba (hewed himfelf accr, vchcmcns, et in dc-
liftis cocfcendis immodicur.

(188) The aba<$tores or abigeatore"^, who drove one horfe, or twQ
marc!? or oxen, or five hogs, or ten goatP, were fnbjcdl to capital
punilhmcnt (Paul Sentent. Recept. 1. iv. tit. xviii. p. 497, 49^.)*
Hadrian (ad Concil. Baeticae), mo/t fcvere where theofFeficc wasmoft
frequent, condemn'! the criminal?, ad* gladium; ,1udi damnation^m
(Ulpian, de officio Proconfulis, I. yiii, in CoUatiohC Legum Mpfaic. ct
Rom. tit. xi, p. 4350' " • ■ -^ ^

OF THE ROMAN EMPIRE. . S9

punifliment, were too often determined by the
difcretion of the rulers, and the fubjeA was left
in Ignorance of the legal danger which he might
incur by every aAion of his life.

A fin, a vice, d crime, aic theobjeiftisof theo-M«afcre«^
logy^ ethics, and jurifprudence. Whenever***^
their judgments agree, they corroborate each
othei? ; but as often as they differ, a prudent le-^
giflator appreciates* the guilt and punilhment ac-
cording to the meafure of fecial injury. On this
principle, the mod daring attack bn the life and
property of a private citizen, is judg^ lefs atro-
cious than the crime of treafon or rebelliorl.
Which invades the majefty of the republic : the
obfc<juious civilians unanimoufly pronounced,
that the republic is contained in the perfon of
its chief ; and * the edge of the Julian law was
fliarpened by the inceffant diligence of the enH-
gerors. The licentious commerce of the fexes
may be tolerated as an impulfe of nature, or for-
bidden as a fource of diforder and corruption :
but the fame, the fortunes, the family of the
hulband, are ferioufly injured by the adultery of
the wife. The wifdom of Auguftus^ after curb-
ing, the freedom of revenge, applied to this do^
medic offence the animadverfion of the laws :
and the guilty . parties^ after the payment of
heavy forfeitures and fines, were condemned to
long or perpetual exile in two feparate iflands
C189). Religion pronounces an equal cenfure

againft

(189) Till the pnblicttion of ttc Julias Paiikif of SchuUing (1. W
tit. xxvi. p. 317 — 3»3-)» U wa« affirmed tnd believed^ that the Jn-
liao laws poni&ed adultery with death ; and the milcake arore from
the frandor error of Trifoonian. Yet Lipfius' had fu^pc£lcd the truth
from the ttarrafcives of Tacitu« (Anna 1. if. 50. nu 14. iv. 4a.}) and
even ftom the praQice of Atiguftar, who diiUnguiihed (he treafomekU
fiaijcjes oi hjs female kindred.

Vltt

90 THE PECHNE AND FALL

9gm^ the infideHty of the huflband j b\Jt ^s \x
is not accompanied by the fame civil eflfi^p, tha
wife wa$ Mver permitted tp vmdic^t^ hff
wrongs (190); afld the diftiaftionof fimpie w
double adultery, fp familiar and fo 'mpQHmi in
the canon law, ia wnlwown to the jurifpf.u49Bcs
unnatuMi of the Code and Pandeda. I tpwb with relup^
tanee, and difpatch with impatifnoe, a mpre
odioua vice, of which modfifty jr-fj^ftathe ntm^f
and nature abominates the id». The primi-
tive Romana were infenaed by the ex^ampte pf
the EtH?fcana(i9i)and Greeka (19a) >5 w th«
mad ab<4fe of pioipejrity and power, ev^y plwrr
fure that ia innocent waa deemied infipid » ^4
theScajinian law {193), whi^ch had b^e? Pl^-r
torued by aj^ a<9t of yioteaoe, \^m tnf^ibly ab<^
Jifljed by the lapfe of tiiiie and the muUittde ^
criminals. By this law, the rape, perhaps iht
/eduction, of an ingcniowa ywith^ "ffP cq^pf^r
fated* aaapfff^ariiywy, byihi^tpwr clama^^
of fen thwff«Hi feftefices or fowfopre pwsi^ a

the

(190) Ia cafes c/ zdvXt^ifyf Seirer^«opfjap4 to^hf fiu(b«a4 tlven'aM
of public accufiitioa (Co^. Juftinian. I. ix. tit. ix. leg. i.)« Nof t«
4his privdcge .toniaft«^o dificreqt ace the ciEsas of male or fipmals Jn^

(191) Timon (!. i.) and Thcopompijs (1. xlili. a^ud Ath^nxumy L
xit. p. iiy.) defcrlbe the luxury and taftof i|ie Etrufcaiis t '^•Av jmsv

&me period (A. U. C. 445) lj)e a-otoai^n youx^ ftp^icd i9 .?truri;i
(Liv. ix. 3^.).

(15^2) Tlic Ptyr(iaii? M toft (ftVPIItefl w filename fo^l :
UTT fiAAigywy ^«^«vTCf 9'«<9'< j(«<0Y*>'r«« (Herojdot. I, i. c. 13$.)-
A carious 4in*ertation might be formed on the introdudioa of paederaily
after the time of Homer, its progrcfs among the Greeks of Ada and
Europe, the vehem^noe of tieir pafiow^, ft«4 the ^(iii:de|^ic«pf. vir-
tue and frjcndihip .which »mufcd the pfuK^phecs-of Athens. Piy^
fceJera oltendi opprtct dum puoiuntur, ab^oftdi A^giua*

(193) The napfie, the d«$:, find |*e prpirifions of i&slajnr, aiCC.c^uayy
doubttuj (Gravina, Opp, p. 43a, 433. Hcinccdjia, JHiflL Roffi. N*
108. Erccfti, Clav. Cipcrpn. J9 In<liQ( Legem). But I wiil o|)-
ierve that the nefanSa Venus of the ho^cCl.GeciBAA is Hvtcii m^t^^^Y
the more polite Italian.

OF THB ROMAN BMFIRS. ^

the raviflier ttu^t be flam by the refinance or
revenge of cbailky ; and I wUb to beiieTe, that
at Rome as in Athens, the Vdlanfary and eflb^
mitiate deferter of hi& feK mis degi;aded frcm tto
honours and the rights of a citizen (194). Sue
^ pra^fce of V^ce was not difconraged by the
fevertty of opinion : the inddible ftakiof man*
hood was confonmled wilb the more ymoA
tranfgreilions of fornication ^nd adulteiy, Msr
was theiic^tious lover expofed to the &aie dU^
honour which he imprefled on the malex^r femafo
partner of his gnik. Fmm CatuUua to Juvensl
(195), the poets accufe and celebrate die dege-
neracy of the times, and 4!he reformatiosi of man^
ners was feebly attempted by the leafon andau*
thorityof the civilians, till the moil virtuoas of
the Cs^rs pR>icnbed the fm againft nature
as a ctitne againft ibciety (196).

A new fpitit of tegiflation, refpeftable even K^oor «r
in its error, arofe in the empiie with the religion Jl^^^
of Confiantine (197). The law* of Mofes were t
received as the <fivine original of juftice, and the
PirHlian princes adapted their penal datutes to

the

(r94)Sied theAnitioii of ^4luaeB afaiaft tke cUtmite Timarditt
(ioRciflcc* Onitor« Graa^ torn. iii. p. ai>-^i84.)«

( 1^5) A crtWd of difgrtceful paflages will ibrce themfclves on the
biedioiryof the dtaifc rt$/dtr i I will ottlyremio^. ^m <^^ tiiecooi 4o>
cJaration of Ovid;

Odi coiiciibikiu qni non iieniroqne rcfoivuot :
Hoc eft qaod poeriim Ungar amore tmnus,

(196) J£Uas Lampridias, in Vit. I^eliogabaK In Ufft. Aogoft. p.
lit. Aortlius Vi£kor, in Philippo. Codex Theodof. L ix. tit. viL
leg. 7. aad God4^oy*8 Commentary* torn. iii. p. 63. Tbeodofiuf
4boiii(hed tht fnbccrrwcous brolhels of Rome, in which the pr^ttutioo
of both fezes was a^d'with impunity.

(1.97) See the lawa of Conftantine and his fuccieflbrs againft adakery,
Todomy, &c. in the Theod6fiaa (!. ht. tit. vii. fcg. 7. I. xL tit. xyxv».
itfe- 1. 4-)and JuftinianCodcs (1. ix. leg. 30, 31.). Thefc princes
fpeak the language of paffion as vrtH as of joftice, and fraudulently
«fcribeilleir 9W» iercri^* to the firft Caefarc,

9Z THE DECLINE: AN P:f ALL

the degrcjeaiofn'mpraji' and reiigbiis turpitude.
Adultery AYas ficftdeaUred to be a.(:i^pital offence;
. the frailty of the.fexes \ya3 aifimilated to poifon
oraffaiEnaHtion,. tdforcery or parricide^j the fame
penalties wei-et infl.i<5ted on thepafliv^ and aclive
guilt pf'-psederafty ; a^nd all criminals of free or
fetviic coaiditibnw^re. either dro\yrxedpr behead-
ed^-, or caft aBveiutQ tjie avenging 0a mes. The
ildrrlterers vvKre fpared by the common fymp^thy
of mankind i but the lover;^: of their own fex
were pur Ciidd. by. general and piouJs indignation ;
fte im{5ure*mftiiQCjfS of Greece- ftiU prevailed in
the cities: (^\:Afra,ja3nd every yice was.fpnieiitcd
by the i:cHbacy»*of rthe . monfes apd , elergy,
Juftiniaa«lajied)lhe punidiment at leaft of fe^
maie.'infidelity.j ^he guilty fpoufe was only conr
demned to folit3Licfc'andpenan.<;e, and at the end
of two years (he .might bejfec^lled to the arms of
'a for^vin'g; hufband, Bu{ jtbe^fame emperor
declared himfelf ,the imp}8cpct)lerietiemy of un-
manly Juft, end the cruelty of ^ his perfecution
can fcarcely be eKcufed by the purity of hismo-^
tivea(i9&).; in dtfi^n^e of. ej'ery- principle of
juftice, he ftretched to paft as well as future of-
fences the operations of his ed^fts, with the pre-
vious allowanxre of a fhdrt r^ite forconfeflion
and pardon. A painful death was idflidted by
the amputation of the fmful inftiument, or the
infertion of fharp reeds into the pores and tubes
of molt exquifite fenfibility ^ and Juftinian de-
fended the - propriety of the execution, firice the
criminals would have loft their hands had they
been conyicSted of facrile<2je. In this ftate of dip-
grace and agony, twobi(hops, Ifaiah of Rhodes^
and Alexander of Dipfpoli?, Were dragged

through

(198) Juilinlan, Novel. Ixxvii. cxxxiv,- cxJi. Procopius, in Anec^
dot. c. II. » 6. with the Notes of Alemanus. Thcophancs, p, 151,
Cedrenus, p 368. ZoDarat?, 1. xiv. p. 64.

O F T H'E R O'M A N E M P I R E. 93

through the ftreets of Conftantinople, while
their brethren iwere admonilhed by the voice of
a cryer, to obferye this awful IdToHj.and not to
pollute the fandity of their charadtpr. Psrbaps
thefe prelates were innocents A fentence of
death and infamy was often founded on the flight
and fufpieious evidence of a child or a fervant :
the guilt of the green faftionj of the rich, and
of die enemies of Theodora,, was prefumied by
the judge Si and paederafty became the crime of
thoie to whom no crime could be imputedi A
French philofopher (199) has dared to remark,
that whatever is fecrct muft be doubtful, and
riiat our natural horror of vice may be abufed as
an engine of tyranny. But the favourable per-
fuafion of the fame writer, that aiegiflator may
confide in the tafte and reafon of mankind, is
impeached by the unwelcome difcdvcry of the
antiquity and extmt of the difeafe (200).

The free citizens of Athens and Rome enjoyed,
in all criminal cafes, the invaluable privilegeofb&-
ing triedbythcir country (201). i. The adminif- judgments

' tration^f,;*^^?^^- u.^.

(199) Montefqiiicu, Efprit des I^oix^ 1. xii. c, 6. . That cloqueut
philofopher conctliates the rights. of hTjerfy and of nature, which
Ihoald never be pUced in oppofitLon to each otker, , .

(loo) For the corruption of. Paleftine, zooo years before the Chrif.
tian sera, fee the h (iory and laws of Mofes. Ancient Gaul ia ttig-
matfzed by Dio^orus Sictrins (torn. i. i. v. p. SS^.)^ China by the Ma-
honaetan and Chriftian travellers (Ancient Relations of India and Chi-
na, p. 34. tranflated by kenaudot, and hi« bitter crit.'c the Pere Pre-
marc, Lcttres Edifiantea, torn. lix. p. 435. )• *nd native Agae-
rica by the Spanifti hiftorians (Garciiaflb dc la Vega, 1. iii. c. 13.
Rycaat*s tranllation and Di^ionnaire de Bayle, torn. iii. p. 88.)* ' I be-
lieve, and hope, that' the negroes, in their own country, were exempt
from this nrvoral pcftilencc.

(aoi ) The important tubjeft of the public quitftions and jodgmctit's
at Bibnie is explained with much > letrniag, and in a clafllc ftyle, by
Charles Sigonius (1. iii. de Judicifs inOpp. torn. fii. 679 — 864.) ; anc^
ii good kbridgemedt tnay be found in the Republiqvie Romaine of Beau-
fort (torn, ii. I. VI. p., I — I XI.), Thofe who wifh for more abflrufc
law, may (ludy Nbocft (He Jurifdi6\ione et Imperio Libri duo, torn, i, ^

p. 9^-^154.), Heineccius (ad Pandcft: 1. i, et ii'. ad Inftitut, 1. iv. tit.
xvii. Element, ad Antiquitat. ), and Gravina (Opp. 230—151.).

94. THEPKCLINE ANKFALL

trattoa ^f jufttce ia the mofi andent office of a
IMfiiice : \x :W9S eacencifed by tde RoiB^n kings^

^ ^nd ahulbd Jbry Tan|um ; vbo aione^ without law
Ji '^;or couucil, piQiioKmced fais arbitrary judgmeats*
The £rfi: con/uls foccaedcii Xb this 2'egal preroga^
^ve ; but the lacred ri^ of appeal fooo nhoMi^
.cd the jurifd'uStion of the Biagtftrates, and all
pubUc xraufes wcr^.decided by tlie fupteme tribur

^«tud of the pecfpk. But a wild democr^cy^ fu->*

perun: to the fomis, too often difdainjj the cffenr^

tial pi inciples, of juftice : the pride of defpotifin

7 --^^^^as envenooKd hypl^ian .envy, aiod the het-

^ ' tiroes iDf .Athens ml^ fcanetinies a^^aad the

Itappind^ of liie Perfian, "wboh htB depended

v^-cm the caprice of ^faigJc tyrant. Same fahitary
ireftraintSy knpofed by i&e people on their owb
paffions, were at once the .cau& and c&<ft of the
{;ravtty and tempeirauioe cf the Rosnans. The
right of aeci^fation was confined to the magiG-
trafea. A vote xxf the thirty-five tribes could in-
Si(X a fine ; but the cognizance of aH capitarl
^riimes was rrferred by a fbadamental law to
the affembly of the centuries, in which the
_ J weight of influence and property was fure to
preponderate- Repeated proclamations and ad-
journments were interpofed, to allow time for
prejuc^ipe and tefenttyient tp fubfide > the whpic
-proceeding mi^t be annulled by a (eafonable
pmen, or tjae i^ppofition of a tribune j and (iich
fiopular trials were comnronly left formidable to
.ini^ocenpe, tln^n they were favourable to guilt.
»BBt this unien of the judicial and legiflati ve pow-
ders, left it doubtful wheth^ the accufed party
was pardcmed or acquitted ; and in the defence
Qf an illuilrious client, the orators of Rome and
Athens addrefs their arguiBents to the policy and

benevor

OF THE ROM AN EMPIRE 95

benevolence^ ts well as to the juftice of their fi>
vereign. a. The taik of convening the citi-
zens for the trial of each offender became more
difficult, as the citizens and the offenders conti«
nually multiplied ; and the ready expedient was
adopted of delegating the juriidi&ion of tht
people to the ordinary magiffarates, or to extra* v^^
ordinary inquifiisrss In die firil ages the£b quef**
tions Were rare and occafionaL In ifae beginning
of the feventh century of Rome they were ma(}e
perpetual : four prsetors were anmially empow"
ered to fit in ju^ment on the ftate offences of
treaibn, extortion, peculaticni, and bribery ; and
Sylla added new praetors and new queftions for
Aofe crimes which more dirc6tly injure die fafe*
ty of individuals. By thefe in^Jaors the trial
was prepared and dire£ted $ but diey could on«
iy promnmce the fenDence of f the majority of
judgfSj who with fome truth, and more prejudice, Select jadg.
have been compared to the Engliih juries (aoz). *^
To difcdiarge this important though burthenfome
dfice, an annual Hit of ancient and rdpedable '- — ;
citizens was formed by the prstor. After many y

conltitudonal ffruggles, ^ey were chofen in
equal numbers ftom the feaiate^ the equ^faian^"^ ^
order, and the people; four hundred and fifty
were appointed for fingle queftions ; and the va-
rious rolls or decmes of judges muft have con->
tained the nanxes of feme thoufand Romans, who
feprefeoted the judidal authority of the ftate.
in each particular caufc, a fufficient number was
drawn from the um^ Aeir integrity was guards
- 7 ed

(201) The office, both tt Rome ikid inEngUndy nraft be confidered
«s tvk occaiionti dnvy, sod not m magiftnicy or profeffion. Bnt the
oblrgtft}o» 6f fn naftnifflovi vcrdi^ is peculUr to our laws, Which go»>
dtinui the jaryman to wlkicrgo the torture iSrom whence they htujs ex-
nnpced tfae crlmhttl*

THE DECLINE A.ND FALL

ed by an oath ; the mode of ballot fecured their
independence^ the fufpicion of partiality was
/ removed by the mutual challenges of theaccufer
-•' '^^ and defendant ^ and the judges of Milo, by the
retrenchment of fifteen on each fide, were redu-
ced to fifty-one voices or tablets, of acquittal, of
condemnation, or of favourable doubt (Z03)".
3. In his civil jurifdidtioti, the praetor of the
city was truly a judge, and almoft a legHlator;
but as foon as he had prefcribed the action of law,
he often referred to a delegate the determination
of the. fadt. With the increafe of legal pro-
ceedings, the tribunal of the centumvirs, in
which he prefided, acquired more weight and
reputation. But whether he adted alone, or
^th the advice of his council, the moft abfo-
lute powers might be trufted to a magiftrate who
was annually chofen by tJie rvotesof the p«}ple.
The rules and; precautions, of freedom have re-
quired fomc explanation ; the order of dcfpotifm
is fimple and inanimate. Before the age of Juf-
tinian, or perhaps of Dioclefian, the decuries of
Aflcffort. Roman judges had funk to an empty title :
the humble advice of the afieflbrs might be
accepted, or defpifed; and in each tribunal the
civil and criminal jiurifdidion was adminiftered
by a fingle magiftrate;, who was raifed and dif-
graced by the will of the emperor.

A Roman accufed of any capital crime might

J^^^ prevent the fentfence of the law by voluntary ex-

dociu lie, or death. Till his guilt bad been legally

proved, his innocence »'a&prcftimed, and his per-

fon was free : till the votes of the laft century had

been

1 ■■ I. . . . *r . » ' _.

(iqj) A^c tfjc indebted for this intercHing fail tp a fragment of
Afcoriius pAciianu^ who llourifhcd under the reign of Tibcrios The
Jofs of hi8 Commeiitarics on the Orations bf C.'ccro has deprived us of
• valuable fvad of hiftorical and legal knowledge.

been cpiinM an4 cjeclared, he might peaceably
feccde to any of thp allied, cities of Italy, or
Gifeece, 01: A^a (2Q4). His fame an4 fortuiiies
were preferved, at leaft to his cbildi;cn, by thip
civil death j and he might ftill bj? happy in ever
ry rational ^pd C?nfu^l enjoyipent, if a mind ao-
cufiomiied to tl^ anibitipus tiimult of Rome cpvild
fupport t^iq iHiifor^ity axid filence of Rhodes or
Athens. A bolder effort wa« required to efgape
from the tyranpy of the Caefars ; but this effort
WdiS rendered f^miil^ar by the ijiaxims of the
Stoics, the es;a^lple of tbie braveft Romans, and
the legaj encouragenjvpn^ of filicide. The bo-
dies of condemned crinji'mals were expofed to
public ignonpiny, and their children, a n?pre fe-
riqus evil, wer^e redyced to poverty by the con-
fifcation of their fortunes. Rut if the viftim^
of Tiberius ^nd Nero anticipated the decree of
the prince or (enate, their cpurage and difpatch
were recompenfed by the appl^ufip of the public,
the ^ec^nt ho^purs of burial, arid the validity pf
their teftanaents (205). The cxquifite avarice
and cruelty of Dorpitian appears to have depri-
ved the unfortunate of this lail confolation, and
it was ftill denied even by the clemency of the
Antp^inei^. A voluntary death, which, in the
cafe of a papital offence, intervened between thjc
accufation and the fentence, was admitted as a
confeflion of guilt, and the fpoils of the dcceafed
were feized by the inhuman claims of the trea*
fury (206). Yet the civilians have always ref-
VoL. VIII. H peded

(104) Polyb. 1. vi. p. €43. The extenfion of tBe empire tnd c//p
of Rome, obliged the txilt to feck a more difttnt place of retire*
ment.

{%o$) Qui de fe ftatoebtnt, hmnabtntiir corport, manebtnt tefta-
menu ; pretiom feftiotiidi. Tacit. Aanal. vi. 2$. with the Notes of
Lipfius.

(206) Jnlivs Paolua (Sentent. Recept. I. v. tit. zii. p. 476.}, ch«
F»Bd«€U (1. zlTiil. tit. xxi.}» tfai C«dc (1. ix. iius^)^ Bjvktrfhock

(toia.

9* THE DECLINE AND f^ALL

pefted the natural rights of a citken to di^ofe
of his rrfe ; and the pofthumous difgraee invent-
ed by Tarquin (207) to check the defpair of his
fubjedts, was never revived or imitated by foc-
iceeding tyrants. The powers of this world have
indeed loft their domiruon over him who is refolv-
ed on death ; and his arm can only be reftrained
by the religious apprehenfion^ of a future ftate.
Suicides are enumerated by Virgil among the un-
fortunate, rather than the guilty (208); and the
poetical fables of the infernal fhades could not
ferioufty influence the faith or practice of man-
kind. But the precepts of the gofpel, or the
church, have at kngth impofed a pious fervi-
tude on the minds of Chriftians, and condemn
them to expeft, without dr murmur, the laft
feoke of difeafe or the'exequtioneh
Abnfc* of The pcpal ftatutes form a very fmalt propor-
Snci!' ^^^^ ^^ ^^^' fixty-two books of the Code and
Pandedls: and, in all judicial proceedings, the
life or death of tf citizen is determined with lefs
cautibn and delay than the moft ordinary quef-
tion^ of covenant or inheritance. This Angular
diftinftion, though fomething may be allowed
•for the urgent neceffity of defending the peace of
fociety, is derived from the nature of criminal
arid civil jurifprudence. Our duties to the ftate

are

-{tonti i. p; 59*' Obftrvtt; J. C. R. iv. 4.), aVid Montcfqmen (EfprFt
kci Loix, I. xxix. c. 9.), define the civil Itmiutions of the liberty .and
privileges of ffiidde.' T^e criminal pcntilcies arft the prodii^ioD of a.
later ami darker age. '. ' ..:

(107)* Plin. Hift. Natur. xxxvi. 44. When he fatigued his fubjcfla
in building the Capitol, many of the labourers were provoked* to dif-*

, patch themfelves ; he nailed their dead bodies to ^roiles.

(io8) The Tole refcmblance of a violent and premature' death h»«

.engaged Virgil (^neidyi. 434 — 4,3^) to confouad fuicidcs with in-
fants, lovers, and pcrfons unjuftly condemned, tlcync^ the be ft erf"

' his editors, is at a lofs to deduce the idea, or afcer^in the joriff ru-*

. dcnce,< of the Roman po^t.

OF THE ROMAN EMPIRE. gg

are fifhple and uniforrti ; the law by which he is
condemned, is infcribed not only on braft or mar-
ble, but on the confcience of the offender, and
his guilt is commonly proved by the tcftimony
of a fingle fadl. But our relations to each other '
are various and infinite: our obligations are ere*
ated, annulled, and modified, by injuries, bene-
fits, and promifes ; and the interpretation of v6- '
luntary contrafts and teftaments, which are often
didlated by fraud or ignorance, affords a. long
and laborious exercife to the fagacity of the
judge. The bufinefs of life is multiplied by the
extent of commerce and dominion, and the re-'
fidence of the parties in the diflant provinces of
an empire, is produdlive'of doubt, delay, and
inevitable appeals from tTie local to the (upreme
magiflrate. Juftinian, the Greek emperor of \^.^
Conftantinople iand the Eaft, was the legal fuc-
ceffor of the Latiari fhepherd who had planted a
colony on the banks of the Tyber. In a period
of thirteen hundred years, the laws had reluc-
tantly followed the changes of government and
manners ; and the laudable defire of conciliating •
ancient names with recent inftitutions, deflroyed
the harmony, and fwelled the magnitude of the
obfcure and irregular fyflem. The laws which
excufe on any ocafions the ignorance of th ir
fabjedls, confefs their own imperfections; the
civil jurifprudence, as it was abridged by Juf-
tinian, ftill continued a myflerious fcience and a
profitable trade, and the innate perplexity of the
ftudy was involved in tenfold darknefs by the
private induftry of the praftitioners. The ex-
pence of the purfuit fomefimes exceeded the va^y^
lue of the prize, and thefaireft rights were aban^^
doned by tiie poverty or prudence of the claim-
Hi 2, ants.

100 THE DECLINE AND FALL

ants. Such coftly jufiice might tend to abate
the fpirit of litigation, but the unequal prefTure
A ferves only to encreafe the influence of the rich,
• ^* and to aggravate the mifery of the poor. By
thefe dilatory and expenfive proceedings, the
wealthy pleader obtains a more certain advan-
tage than he could hope from the accidental cor-
ruption of his judge. The experience of an
abufe, from which our own age and country are
not perfectly exempt, may fomctimcs provoke a
generous indignation, and extort the hafly wifh
of exchanging our elaborate jurifprudence for
the fimple and fummary decrees of a Turkifli
/'cadhi. Our calmer refledion will fuggeft, that
fuch forms and delays are neceifary to guard the
perfon and property of the citizen ; that jthe diA
crction of thejudgc is the firft engine of tyran-
i ny, and that the laws of a free people fhould
forefee and determine every quellion that may
probably arife in the exercife of power and the
V tranfadlionj of induftry. 1 But the government of
^ Juftinian united th^ evils of liberty and fervi-
^ ' \ lude ; a^td the Romans were opprefled at the
y fame time by the multiplicity of their laws and
I ^ the arbitrary wijl of their maftcr.

CHAP.

OF THE ROMAN EMPIRE. loi

CHAP. XLV.

jReigH of the younger JuJiin.^^Embaffy of the Avars,
^^Their Settlement on the Danube. — (Miqueji of
Italy by the l/mhards-.-^ Adoption and Reign of
Tiberius. — Of Maurice, — State of Italy under
the Lombards and the Exarchs. — Of Ravenna. —
Diftrefs of Rome. — Character and Pontificate of
Gregory the Firjt.

jL'URINGthe laft years of Juftinian, his ia- Death of
firm jnind was devoted to heavenly conteqipla-JuftinUn,
tion, and he neglected the bufincfs of the lower ^;^'|^f^'
world* His fubjedts were impatient of the long
continuance of his life and reign : yet all who
were capable of refleftion, apprehended the mo-
ment of his death, which might involve the ca-
pital in tumult, and the empire in civil war. Se-
ven nephews (i) of the childlefs monarch, the
fons or grandfons of his brother and fifter, had
been educated in the fplendour of a princely for-
tune i they had been fliewn in high commands
to the provinces and. armies ; their characters
were known, their followers were zealous, and
as the jealoufy of age poftponed the declaration
of a fucceflbr, they might exped with equal
hopes the inheritance of their uncle. He expired
in his palace after a reign of thirty-eight years ;
and the decifive opportunity was embraced by

the

(i ) See the family of JuCtiia aad Jttilinian in the Fsmilis Byeantind
of Dacange, p. ^^^^lou The devout civiliftns Ludewig (in Vit.

iafcinian. p. 131.) ^^d Heineccin* (Hift. Juris Roman, p. 374.) have
ncc iUuftrated the genealogy of their favourite prince, •

loz THE DECLINE AND FALL

the friends of Juftin the fon of Vigilantia (2).
At the hour of midnight, his domeftics were
awakened by an importunate crowd who thun-
dered at his door, and obtained admittance by .
revealing themfelves to be the principal mem-
bers of the fenate. . Thefe welcome deputies
announ^d the recent and momentous fecret of
the emperor's deceafe : reported, or perhaps in-
vented, his dying choice of the beft beloved and
moll deferving of his nephews, and conjured
Juftin to prevent the diforders of the multitude,
if they (hould perceive, with the return of light,
that they were left without a mafter. After com-
pofmg his countenance to furprife, fonow, and
decent modefty, Juftin, by the advice of his
wife, Sophia, fubmitted to the authority of the
fenate. He was conduced with fpeed and
filence to the palace, the guards faluted their
new fovereign, and the martial and religious
rites of coronation were diligently accompliflied.
By the hands of the proper officers, he was in-
vefted with the Imperial garments, the .red buf-
kins, white tunic, and purple robe. A fortunate
foldier, whom heinftantly promoted to the rank
of tribune, encircled his neck with a military col-
lar ; four robuft youths exalted him on a fhield;
he flood firm and^redl to receive the adoration of
his fubjefts ; and their choice was fanftified by
the benedidtiori of tHe patriarch, who impofed
the diadem on the head of an orthodox prince.
Reign of The hippodrome was already filled with innu-
Jh"."iLn^eT. merable multitudes, and no fooner did the em-

tne younger^ t • t_ i i

A. D. 56s> peror appear on his throne, than the voices

Nov., 5-.^ ^^ f

A, D. 574> , ^^

December.

(1) la tlie ftory of JoTtin^s elevation I have tranflated, into fimple and
concil'e proic, the eight hundred verfes of the two firfc books of Corip-
.pa}; de Landibna Jnftini, Appeiidiz Hift* Byzaat, p. 401 — ^415.
Rome, X777. . .

OF THE ROMAN EMPIRE. 103

of the blue and green fadions were con-
founded in the fame loyal acclamations. In
;the fpeeches. which Juftin addreifed ta the fenate
and people, he promifed* to correft the abufes
which had difgraced the age of his predeceffor,
difplayed the maxims of a juft and beneficent
government, and declared, that on the approach-
ing calends of January (3), he w:ould revivd in
his own perfon thename and liberality of a Ro-
man conful. The immediate difcharge of his Hisconfui-
uncle's debts' exhibited a folid .pledge of his faith ^p*
and generofity : a train of porters, laden with jwugr/i/
bags of gold, advanced into the midft of the
hippodrome,^ and the hopelefs creditors of Juf-
tinian accepted this equitable payment as a vo-
Juntary gift. Before the end of three years, his
example was imitated and furpaOed by the en>-
prcfs Sophia, who delivered many indigent ci-
tizens from the weight of debt and ufury : an ^
adl of benevolence the bell entitled to gratitude,
-fince it relieves the moll intolerable diftrefs ; biK
in whicli the bounty of a prince is the more liar
blc to be abufed by the claims of prodigality and
fraud (4).

On the feventh . day of his reign, Juftin gave Embaffy of
audience to the ambaffadors of the Avars, and^'^e^v*"*
the fcene was decorated to imprefs the Barbar ^' ' *^^'
rians with aftonifliment, veneration, and terror.
From the palace gate, the fpacious courts and
long porticoes were lined with the lofty, crefts and
gilt bucklers of the guards, who prefented thcbr

fpears

{3) Itis fiirprlfinghowPagi (Critloi in Atmilt Baron, torn. ii. p.
^39. ) could be tempfeed by any chronicles to contradi£l the plain and de-
cilitre text of Corippus (vicina dona, 1. ii. 354. vicini dice, I. iv. i.),
and to poftpone, till A. D. $67, the confutfhip of Juftin. 1

(4) Theophan. Chronograph, p.' 105. "Whenever Cedrenns or
Zonar'as-are mere tranfcribers, it is fuperfluous to alledge their tefr
fimony.

I04 THE DECLINE AND FALL

fpears and axes mih more confidence than they
\if ould have fhewn in a field of battle. The dP-
ficers who exercifed the power,, or attended the
perfon, of the prince, ^vcre attired in their richeft
habits, and arranged according to the military
and civil order of the hierarchy. When the veil
of the fanftuary was withdrawn, the ambafla*
dors beheld the empeifor of the Eaft on his throne^
beneath a canopy or dome, which was fupported
by four columns, and crowned with a winged
•figure of Vidtory. In the firft emotions of fiir-
j>rife, they fubmitted to the fervile adoration of
the Byzantine court \ but as foon as they rofc fi"om
-the ground, Targetius, the chief of the embaf-
-fy^ expreffed the freedom and pride of a Barba-
Tri&n. He extolled, by the tongue of his inter-
'preter, the greatneifs of the chagan, by whole
-cicmencythe kingdoms of the South were per-
'mitted to exift, whdfe vidtorious fubjefts had
^ti*ayerfed the frozen rivers of Scythia, and who
iwow covered the blanks of the Danube with in*
•nilmemble tents. The late ^emperor had cuhi-
^vared, with annual and coftly gifts, thefiricnd-
ihip of a grateful monarch, and the eneniies df
'flomp had rcfpe6tcd the allies of the Avars,
The fame prudence would inftruift the nephew
of Juftinito to imitate the liberality of his uncfe,
and tb purchafe the bkflings of peace fi^om an
^inviiieible people, who delighted and excellcH
iinthe ex'^rcife of war. The reply of the empe-
Tor was defi\rerea in the fame ftrain df haughty
rdefiance, and he derived his confidence from the
God of the Chriftians, the ancient glory of
;Rome, dhd the ^recent triuthphs of Juftinian.
!** The empire,^* faid he, ** abounds with
^* men nnii horfes, "Anti ^rnte 'firfRcient to

'' defend

OF THE ROMAN EMPIRE. 105

*^ defend our frontiers, and to chaftKe the Bar-
•* barians. You offer aid, you threaten hofti-
" lities, we defpife your enmity and your aid.
•* The conquerors of the Avars folicit our alli-»
** ance ; (hall we dread their fugitives and ex-
'** lies (5) ? The bounty of our uncle wasgranl-
*' ed to your mifery, to your humble prayers.
*' From us you (hall recdve a more important
** obl%atiqn^ the knowledge of your ownweak-
** ntts. Retire from our prefence; the lives of
^ ambaJOfadors are fafe ; and if you return to
** implore our pardon, perhaps you will tafte
** of our benevolence (6).*' On the re-
port of his ambaflfadors, the chagan was
awed by the appar^t lirmnefs of a Romaa
^mperor^ of whofe charadter and refources
he was ignorant. Inftead of executing his
threats againft the Eaftem empire, he marcb*
ed into the poor and (avage countries of Geiv
many, which were fubjed to the dominion of
the Franks. After two doubtful battles, he
confented to retire, and the Auftraiian king re^
liiBved the diftreTs of his camp with an immedi-
ate fupply of com and cattle (7). Such re-
peated

($) Coripimsy I. Hi; 390. The aoqneftioiuble renfe relates to the
.l>arks, the conquerors of the Avars ; bat the word fiulur Imt no ap-
parent meming, andthefole MS. of Corippus^ from Whence the firft
xdition (i;8i, apudPIantin) was printed, 19 no longer vifible. Tht
Iftft editor, Foggini of Rome, has inferted the conjednral emenda-
tion of /oA^n .* bat the prbof s of Dacange(Joinville, Diflert. zvi. p.
»38— 140.) for the early ufe of this title among the Turks and Pcr-
fians, are weak or ambigaous. And 1 maft incline to the authority of
id*Herbelot ( Bibfiotheque Orient, p. 8x5.), who afcribes the word to
the Arabic and Chaldean tongues, and the date to the beginning of
the xi*^ century, when it was bellowed by the khalif of Bagdad ott
Mahmud prince of Gazna, and conqueror of India^

(6) For thcfe chara^eriftic fpeeches, compare the verfe of Corippoa
(I. iii. ;a$i-— 401.) with the profe of Menaiider (Except. Legation, p,
^101. 103.}. Their direriity prores that they did not copr^each
*tber«; their refemblance, that they drew from a common original.

(y^if^or the Auftrian war, feeMenaader (Exoerpt. LfCgat. p« iio^),
Gregory of Tours Hift. Franc. 1, iv. c. »^.), aad Paul the deacoc
(deUcft. Longobard. J, ii. c. 10.).

io6 THEDECLINEANDFALL

peatcd difappointments had chilled the fpirit of
the Avars, and their power would have diflblved
away in the Sarmatian defert, if the alliance of
• Alboin, king of the Lojnbards, had not given a
new objedt to their arms, and a lalling iettlemenf
to their wearied fortunes.
AWon, While Alboin ferved under his father's ftancl-

l^^l^'^^ ard, he encountered in battle, and tranfpierced
his valour, with Ws lance, the rival prince of the Gepidae;.
k>Tc, and ^i^^ Lombards, who applauded fuch early
r<?vcogc. pi^Qwefs,' requefted his father with unanimous acr
clamations, that the heroic youth, who had (har-
ed the dangers of the field, might be admitted
to the feaft of viftory. " You are not unmincj-
" fill," replied the inflexible Audoin, « of the
" wifecuftomsof our anceftors. Whatever may
** be- his merit, a prince is incapable of fitting
'** at table with his father till he has received his
*' arms from a foreign and royal hand/* Alboin
bowed with reverence to the inftitutions'of his
country; feledted forty companions, and boldly
*vifited the court of Turifund king of the Gepidae,
who embraced and entertained, according to the
laws of hofpitality, the murderer of his fon.
At the banquet, whilft Alboin occupied the feat
of the youth whom he had flain, a tender re-
membrance arofe in the mind of Turifund*
^ How dear is that place — ;how hateful is that
** perfon — " were the words that efcaped, with
a figh, from the indignant father. His grief cxr
afperated the national refentment of the Gepidae ;
and Cunimund, his furviving fon, was provoked
by wine, or fraternal afFe(Stion, to the defire of
vengeance. *' The Lombards,?' faid the rude
Barbarian, *^ refemble, in figure and in fmell^
♦' the. mares of our Sarmatian plains." And"
this infult was a coarfe allufion to the white band^

.. .which

OF THE ROMAN EMPIRE. 107

iK^hich enveloped their legs. " And another re-
*' femblance^" replied an audacious Lombard ;
*' you have felt how ftrongly they kick. Vifit
** the plain of Asfeld, and feek for the bones of
*' thy brother ; they are mingled with thofe of
** the vileft animals." The Gepidae, a nation of
-warriors, ftarted from their feats, and the fear-
lefs Alboin, with his forty companions, laid their
hands on their fwords. The tumult was appeafed
by the venerable interpofition of Turifund. He
faved his own honour, and the life of his gueft ;
and after the folemn rites of invefliture, difmif-
fed the ftranger in the bloody arms of his fon ;
the gift of a weeping parent. Alboin returned
in triumph ; and the Lombards, who celebrated
his matchlefs intrepidity, were compelled to
praife the virtues of an enemy (8). In this ex-
• traordinary vifit he had probably feen the daugh-
ter of Cunimund, who foon after afcended the
throne of the Gepidae. Her name was Rofa-
mond, an appellation expreffivc of female beauty,
and which our own hiftory or romance has con-
fecrated to amorous tales. The king of the
Lombards (the father of Alboin no longer lived)
was contrafted to the grand-daughter of Clovis ;
but the reftraints of faith and policy foon yield-
ed to the hope of poffefling the fair Rofamond,
and of infulting her family and nation. The
arts of perfuafion were tried without fuccefs ; and
the impatient lover, by force and flratagem, ob-
tained the objeft of his defires. War was the
confequence which he forefaw and folicited ; but
the Lombards could not long withftand the fu-

.rious

(8) Paul Warnefrid, the deacon of Frinli, de Gcfl. Longcbard. U
i. c. 13, 24. Hi» pi£tare8 of national naannert, though radely flcetch-
<d, are more lively and faithful th^ thofe of Bcde, or Gregory of

ToDff.

io8 THE DECLINE AND FALL

f ious aflault of the Gepidae, who were fuftained
by a Roman array. And as the offer of mar-
riage was rejected with contempt, Alboin was
compelled to relinquifii his prey, and to partake
of the difgrace which he had inflifted on the houfe
of Cunimund(9).
The Lom- When a public quarrel is envenomed by pri-
^T^ ^ vate injuries, a blow that is not mortal or deci*
ftioythe five can be prodiictive only or a Ihort truce,
kinVom of ^hich allows the unfuccefsful combatant to ihar-
the Gepi- pen his arms for a new encounter. The flrength
«^ A. D. Qf Alboin had been found unequal to the grati-
fication of his love, ambition, and revenge : hp
condefcended to implore the formidable aid of
the chagan ; and the arguments that he employ-
ed are expreflive of the art and policy of tUe
Barbarians. In the attack of the Gepidae, he
had. been prompted by the juft defire of extir-
pating a people whom their alliance with the
Roman cmphre had rendered the common eiic^
mies of the nations, and the perfonal adverfa-
ries of the chagan. If the forces of the Avars
and the Lombards fhould unite in this glorious
quarrel, the vidtory was fecure, and the reward
ineftimable: the Danube, the Hebrus, Italy,
and Conftantinople, would be expofed, without
a barrier, to their invincible arms. But if they
hefitated or delayed to prevent the malice of the
Romans, the fame fpirit which had infulted,
would purfue the Avars to the extremity of the
earth. Thefe fpecious reafons were heard by
the chagan with coldnefs and difdain : he detaiil*
cd the Lombard ambailadors in his camp, pro*

tradted

(9) Thcftory is toUby «n impeftor (Thcophyltft. SImocat. I. yl.
c. 10.) ; but Jw iia4 m enough to bmid his fiai«ni on public tind ao^o*
riottfi fi<^«*

OF THE ROMAN EMPIRE.

traced tfaenegociation, and by turns alledged his
want of inclination, or his want of ability, to
undertake this important enterprife. At length
he fignified the ultimate price of his alliance,
that the Lombards (hould immediately prefent
him with the tythe of their cattle ; that the fpoils
and captives Ihould be equally divided ; but that
the lands of the Gepid^ (hould become the foie
patrimony of the Avars. Such hard conditions
were eagerly accepted by the paiBons of Alboin ;
and as the Romatis were difTatisfied with the \nr
gratitude and perfidy of the Gepids; Juilb
abandoned that incorrigible pec^le to theu: fate,
aiid remained the tranquil fpedator of this une-
qual conflift. The dcfpair of Cunimund was
aftive and dangerous. He was informed that
the Avars had entered his confines; but on the
firong afTurance, that, after the defeat of Ae
Lombards, thefe foreign invaders would ea&ly
be repelled, he rufhed forwards to encounter die.
implacable enemy of his name and family. But
the courage of the Gepids could fecure them no
more than an honourable death. The brawit
of the nation fell in the field of battle; the kii^
of the Lombards contemplated with delight the
head of Cunimund, and his ikull was fafhioned
into a cup to fatiate the hatred of the conqueror,
or, perhaps, to comply with the favage cuftom
of his country (lo). After this vidkory, no far-
ther obflacle could impede the progrefs of the
confederates^ and they faithfuly executed the

terms'

(to) ft apfetn ftom Strabo, ^I'^Tf and AmmitBtis MarcelHaaf^
that the fame practice was common amoag the Scythian tribes (Mara- •
toriy Scriptores Rer. Italic, torn. i. p. 414* )• I'he fealpt of North
America are likewife trophies of valonr. The ikall of Cunimiuid was '
prei'erved above two htiadnd years among the Lombards ; and Faol
himfeif was ooe of the gnefts to whom duke Ratei^t exhibited this
cop oa a high fefUval (I. ii. c. a8.)*

109

no THE DECLINE AND FALL

terms of their agreement (i i). The fair coun-
tries of Wallachia, Moldavia, Tranfyivania, and
the parts of Hungary beyond the Danube, were
occupied, without refiftance, by a new colony
pf Scythians j and the Dacian empire of th^
chagans fubfifted with fplendoux above two hun-
dred and thirty years. The nation of the Gepi-
dae Was diffolved ; but in the.diftribution of the
captives, the flaves of the Avars were lefs fortu-
nate than the companions of the lx)mbards,
wbofe generofity adopted a valiant foe, and
whofe freedoffi was incompatible with cool and
\deliberate tyranny. One moiety of the fpoil in-
troduced into the carnp of Alboin more wealth
than a: barbarian Could readily compute. The
. fair Rofamond was perfiiaded, or compelled, to
acknowledge: the rights of her viftbrious lover ;
and the daughter of Cunimund appeared to for-
give thofe crimes which might be imputed to her
own irrefiftable charms.

The deftruftion of a mighty kingdom efta-
^e?takc!th^^ In the days of

conqucft ot Gharlcmagne, the Bavarians, the Saxons, and the
A.*D!5<r7. ^^^ tribes of the Teutonic language, ftill re-
peated the foUgs which defcribed the heroic vir-
tues, the valour, liberality, and fortune of the
king of the Lombards (12). But his ambitron

was

(ii}'PfluI, 1. i". a 47. V Meiiandcr, in Excerpt. Lcgat. p. no,.

(12) Ut naftenus ctiam tam apud Bajoanorum gentem, qaaxn et
SaxoBttiB fed et alios ejufdem linguse homine.<: .... in eorum car-
minibus ceiebretur. Paul, 1. i. c. 17. He ditd A. D. 799 (Mura-
tori, in Prafat. torn. i. p. 397 •)• Thcfc German fongs, fome of
which might be as old as Tacitus (dc MorJbus Germ, c, 2.), were
compiled and tranfcribed by Charlemagne. Barbara et antiquifiima
carmida, qtfibus veternm regum a£tu8 et bella canebantur fcripfitme--
moriseque mandavit (Eginhard, in Vit. Carol. Magn. c. 29. p. 130,
131.). The poems, whicli Goldaft commends (Animadvcrf. ad E^a*
hard. p. 107. ), appear to be recent and contemptible roataoces.

OF THE ROMAN EMPIRE. ni

was yet unfatisfied; and the conqueror of the
Gepidae turned his eyes from the Danube to the
richer banks of the Po and the Tyber. Fifteen
years had not elapfed, fince his fubjeds, the con-
federates of Narfes, had vifited the pleafant cli-
mate of Italy : the mountains, the rivers,, the
highways, were familiar to their memory j, the
report of their fuccefs, perhaps the view of their
fpoils, had kindled in the rifmg generation the
flame of emulation and enterprife. Their hopes
were encouraged by the fpirit and eloquence of
AlboiA.; and jt is affirmed, that he fpoke to their
fenfes, by producing, at the royal feaft, the faireft
and moft exquifite fruits that grew fpontarieoufiy
. in the garden of the world. No fooncr had he
ere<9ted his ftandard, than the native ftrength of
' the Lombards was. multiplied by the adventu-
o rous youth of Germany and Scythia. The ro-
bufl peafantry of Noricum and Pannonia bad re-
fumed the manners of Barbarians ; and the names
of the G^pidae, Bulgarians, Sarmatians, andBa--
varians, may be diftindlly traced in the provinces
of Italy (13). Of the Saxons, the old allies of
the Lombards, twenty thoufand warriors, with
their wives and children, accepted the .invitation
of Alboin. Their bravery contributed to his fuc-
cefs^ but the acccflion or the.abfcnce of their
numbers »was not fenfibly felt in the magnitude
of his hoft. Every mode of religion was freely
pradifed by its refpedlive votaries. The -king
of the Lombards had been educated in the Arian
herefy ; but the Catholics, in their public worfhip,
were allowed to pray for his converfion ; whiln
the more ilubborn Barbarians facrificed a fhe-

goat,

(13) Tfce other nations artf rehcarfcd by Paul (1. ii. c. €. 26.).
Mnratcri (Antichit^ ltalia:oe,tcm.'i. differ t. i.p. 4,} has dlfcovered
the village of the BaTarians, three miles from Modeoa,

iia THE DECLINE AND FALL

goat, or perhaps a captive, to the gpdjs of their
Others (14). The Lombards^ and their confe-
derates, were united by their common attach*
ment to a chief, who excelled in att the vinues
and vices of a favage hero ; and the vigilance of
Att)Qin provided an ampk mag^^ine of oSen&vt
and defenfive arms fc^theufe of the eccpedition.
The portable wealth of the Lombards atteixjed
the march ; their lands they chearfully reiinquifli*
cd to the Avars, on the folemn promife, wiAck
was made and accepted without a fmile^ tliat if
they failed in the conqueft of Italy, theft volun-
tary exiles fhould be reinftated in their former
pofieffions.
iKftfiftioii They might have failed, if Narfes h^ been
y^^^'^'^^lhe antagonift of the Lombards; and the vete*
ran warriors, the affoci^tes of his Gothic vi^ory,
would have encountered with reludiance an ene«>
my whom they dreaded and efteemed. But the
weaknefs of the Byzantine court was fubfervient
to the Bavarian caufe; and it was for the ruin of
Italy, that the emperor once liftened to the com-
plaints of his fiibjedts. The virtues of Narfea
were itained with avarice ; and in his provincial
-reign of fifteen years, he accumulated a treafure
of gold and filver which furpaffed the modefty of
a private fortune. His government was oppreA
five or unpopular, and the general difcontent
was expreffed with freedom by the deputies of
Rome.- Before the throne of Juftin they boldly
declared, that their Gothic fervitude had been
more tolerable than the defpotifm of a Greek
eunuch; and that, unlefs their tyrant were in-

ftantly

(14) Gregory the Roman (Ditlog. 1. iii. c. 27, 18. tpud Baron.
4knnal. Ecdff. A- D. 579» N» ip.)» fwpppfe* that tliay likevift
fidorcd this flic-^gpat. I knoiif j^ut «f OM i:^iisiQa ia which tht §9^4
and tJba Ti^ttin art the fkm^

OF THE ROMAN EMPIRE. 113

.ftantly removed, they would confult their own
happinefs in the choice of a mafter. Theap-
prehenfion of a revolt was urged-by the voice of
tsnvy and detraction, which had foj^ecently tri-
umphed over the merit of Belifarius. A new
exarch, Longinus, was appointed to fuperfede
the conqueror of Italy, and the bafe motives of
his recall wttt revealed in the infulting mandate
of the emisrefs Sophia, ** that he fhould leave to
** men the exercife of arms, and rfetum to his
^ proper Nation among the maidens of the pa-
" lace, where a diftaff Ihould be again placed
** in the hand of the eunuch.** " I will fpiri
** her fuch a thtead, as flie (hall not eafily unra*
** vel r* is faid to have been flie reply which in-
dignatic^ and confcious virtue extorted from the
hero. Inftead of attending, a flave and a vie*
tim, at the gat6 of the Byzaiitine palace, he re-
tired to Naples, from whence (if any credit is due
to the bdidf of the times) Narfes invited thfe
Lombards to chaftife the ingratitude of the prince
aftd people (15). But the pafli6ns of the people
are furious and changeable, and the Romans
foon recolledked the merits, or dreaded the re-
fcntmcnt^ of their viaorious general. By the
mediation of the pope, who undertook a fpeeial
pilgrimage to Naples, their repentance ^8s. ac-
cepted; and Narfes, affurtiinga mildfef kfpedt
and a more dirtiful language, t«hfented to fix
Vol. Vlil. I his

(15) The charge of the deacon againft Narfes (1. ii. c. 5.) may be
^tmniAXtCs'j bvt the weali at>oiogy of the cardibal (Baron. An&al. £c«
dcf. A. D. 567, N» «•—«.) isrejeilcd by tfcte heft criticB— Pagi (torn,
it. p. 639, €A6.)y Mnratori (Annali d^Italta, t«m. <?. p. i€<y^i€%.%
and the laft editors, Hotatins Blancns (Scribe. Rerutn Italic. Com. i.
p. 427, 428.) and Phih'p Argclatnt (Sigon. Opera, torn. ii. p, 11,
12.). The Narfes who affillcd at thb cofonation of Jnftin (Corippus,
Luu%%i,) is cletriy vftderftood to be a dilTatii petfob.

ti4 THE DECLINE AND FALL

his refidence in the Capitol. His death (16),
though in the extreme period of oW age, was
unfeafonable and premature, fuice his genius
alone could have repaired the lafl and fatal error
of his life. The reahty, or the fufpicion, of a
confpiracy difarmed and difunited the Italians.
The foldiers refented the difgrace, and bewailed
the lofs of their general- They were ignorant
of their new exarch ; and Longinus was him-
felf ignorant of the ftate of the army and the
province- In the preceding years Italy had been
defolated by peftilence and famine, and a dif-
afFedled people afcribed the calamiticis of nature
to the guilt or folly of their rulers (17).
Conqitei! of Whatever might be the grounds of his fecurity^
• great part Alboin neither expedked nor encountered a Roman
the^Loi^^ army in the field- He afcended the Julian Alps,
^r<is and looked down with contempt and defire on
56^^70. ^^^ fruitfiil plains to which his viftory commu-
nicated the perpetual appellation of Lombard y*
A faithful chieftain, and a feleft band, were fta-
tioned at Forum Julii, the modem FriuK, to
guard the paffes of the mountains; The Lom-
bards refpeded the ftrength of Pavi^; and KC-
tened to the prayers of tbeTrevifans; their flow
and heavy multitudes, proceeded 10. occupy the
palaGf v^nd city > of Verona ; and Milan, now
Fifing from her afiie3ii wa$ invefted by the powers
of /Uboin five mpnths after his departure fron^
Pannonia. Terror preceded his mar.4k ;> he found

every

(16} 'thn cfeatb'ef l^arfee-is hientiooed hy T^eok, b'ti: cJ ci . Aoa^
t^C* ia Vit. • Johan. iii. p. 43. AgneJIusy Liber -Poniifical. Ravco. iir
Script. Rer. JtaJicarQiST tptA, it plu-t i. p. 114. 124. Ycft I caosot
6cliev« with Agnelltts thxt^TihTfcs man afoety*iivtf years of age. Is it
probabic tha.t all hie exploits w«re performed at fbitrfeote?

( ly) The defigns of Nsries and of the Lombards for the invaiioii of
Italy ire expofedin the U(l chapter of the firil book, and the feveaidi.
chapters of the feoond'book^ of Paul the deacon.*

PF THE ROMAN EMPIRE. 115

every where, or he left, a dreary folitude ; an4
the . pufiliaBimous Italians prefumed, without a
trial, that the ftranger was invincible. Efcaping
to lakes, or rocks, or moraffes, the affrighted
crowds concealed fome fragments of their wealth,
and delayed the moment of their fervitude.
Paulinus, the patriarch of Aquileia, removed his
treafures, facred and profane, to the ifle of Gra-
do(t8), and his Tucceffors were adopted by the
infant republic of Venice, which was continually
enriched by the public calamities. Honoratus,
who filled the chair of St Ambrofe, had credu-
loufly accepted the faithlefs offers of a capitula-
tion ; and the archbilhop, with the clergy and
nobles of Milan, were driven by the perfidy of
Alboin to feek a refuge in the lets acceffible ram-
parts of Genoa. Along the maritime coaft, the
courage of the inhabitants was fupported by the
facility of fupply, the hopes of relief, and the
power of efcape j but from the Tren tine hills to
the gates of Ravenna and Rome, the inland re-
gions of Italy became, without a battle or a fiege,
the lafting patrimony of the Lombards. The
fubmiffion of the people invited the Barbarian to
affume the charaAer of a lawfiil fovereign, and
the helplefs exarch was confined^to the office of
announcing to the emperor Juftin, the rapid and
irretrievable k)fs of his provinces and cities (19)/

I 2 One

{18) Which from this tranflatiofl Wjis called New Aqailcia (Chron,
Veaet. p. 3.). The patriarch of Grado foon became the firft citizen
of the republic (p. 9, &c. ), but his feat wa? not removed to Venice
till the year 1450. He is. now decorated with titles and honours;
but the genius of the churcl^ has bowed to that of the ftate, and the
government of a Catholic city is ftriftly prcfbyterian. Thomaflln^
Difciplinede TEnglife, torn. i. p. 156, 157. 151—165. Amelot de
la HoufTayc, Oonvernmcnt de Venife, torn. i. p. a56--45i.

(19) Paul has gi^en a defcription of Italy^ as it was then divided
into eighteen regions (1. ii. c 14.— 24.}. The Diffcrtatio Chorogra-
phica de luhSL Medii ^vi, by Father Beretti, a BenediOiiie monk, and
regius prpfeffor at Pavia, hi^bcenufcfuUy wofulted.

ii6 THE DECLINE AND FALL

One city, which liad been diligently fortified
by tke Goths, refifted the arms of a new invad-
er ; and while Italy was fubdued by the flying
detachments of the l,ombards, the royal camp
was fixed above* three years before the weftern
g^te of Ticinutn, or Pavia. The fame courage
which obtains the efte'cm of a civilifed enemy^
provolf es the fury of a favage, and the impatient
befieger had bound himfelf by a tremendous:
oath, that age, and ftx, and dignity, fhould be
confounded in a general jmaffacre. The aid of
famine at length enabled him to ■ execute h\i
bloody VQw ; but as Alborn entered, the gate, his
ftorfe jfhimbled, fell, ajid could not be raifed
froni the. ground. Onp of his attendant^ was

grpmpted by cpmpaflion, or piety, to ^-interpret
lis miraculous fign of the wrath . of heaven :
the conqueror paufed and relented ; ht Iheathect
his fword, and, peacefiiHy repofing himfelf in
the palace of Theodoric, prbclaimed to thp
frcmbHng multitude,' that they fhould liVe an<l
ob,ey. Delighted with the fituation of a city,
which was endeared to hii^ pride l^yihe difficulty
of the purchafe,' the princeof theLpinbardsdiA-
dallied the ancjejit glories of Milan ;' and Pavia,
during fbme ^ges, was refpeAed as the capital of
^, the kingdom 6f Italj? (ao)^ ^ '. ' .

Aiboia Is T*f^^ reign 6f thk " founded was* Tplendid amf =
murdered ttanficnt ; and before-^he could regulate his new
Rofam'^ad, con<jueft^^^ Alhoiii . fell a.facrifice to domeftic
A. D. 573rtB€afc)a aud femafe. rfevengo*.. Ja apaJape neajr-
J^°e ^8. Yexppa., wft''ch had nbt been ere(^ed:for the Bar-
barians, he feafted fche. companions ot his arms :
;"■•'■ .. ■ int<:>x*

fio) For tjie conqucft of ^taly, lee tfie orl^mat materials of Raul
(l. ii.' c. 7—^0, 14. ^4 45, a^, 27. ), the eloijucmt narrative of Si-^
g'onius (torn. ii. de R^gno IVajiafe, 1. i. p. I3'^ri^ ),. and th? correct
and critical review of V/Smtaitotl f Aiuuili d^Iulia^ tom^v. -p. KS^t-

OF THE ROMAN EMPIRE. if7

intoxicati^it was the rew^atd of valour, and the
king himfelf was tempted by appetite, or vanity,^
to exceed the ordinary raeafure of his intempe-
rance. After draining many capacious bowls of
Rhaetian or Falernian win*^, he called fpr the
ikuU of Cunimiind, the nobleft a!nd moft pre-
cbus ornament of his fideboard. The ci4>of
vidory was'fificcepted with hcirrid applaufe by. the'
circle of the Lohibaid chiefs. ", Pill it a^iixJ
with wine," exclaimed the inhuman conqoerorp
** fill it to the brim ; carry this goblet to the ,
" queen, andrequcftinrtfiynamc that flie would
** rejoice wth her father." In an agony of grief
and rag^, Rofamond had ftren^th to utter, *' Let
** the Will of my lord beobcyed !" and touching^
it with hef lips, pronouncedra frk lit imprecation^:
that the infalt ftiould be wafted away in the blocd
of Alboin. Some induIgi:^nce might be due to
the fefentment of a daughter, if Ihe had not alw
ready violated* the duties of a wife. Implacable
in her enftiity, or inconftaht: in her love, the

3ueen of Italy had ftoopcd from the throne to
le arms of a fubjfedt, and Heimichis, the king's
arrmour^-bearer Was the fectfet mlnilter of her
pleafure and revenge. Againft the pcopbfal of
the murder, he could no longer urge the fcruples
of fidelity or gratitude rhut Helinichis trembled,
when he revolved the danger as well as the guilty
when he recolleftfed the matchlefs ftrength and
intrepidity of a warrior, whom he had fo often
attended in the field of battle. He prefled, and
obtained, that one of the braveft champions of
the Lombards (hould be aflbciated to the enter-
prife, but no more than a prpmife of fecmiy
could be drawn from the gallant Peredeuis.; and^
jhe ipode of fedudlion employed by Rofamond

ii8 THE DECLINE AND FALL

betrays her (hamclefs infenfibility both to honoiUr
and love. She fupplied the place of one of her
female attendants who was beloved by Percdeus,
and contrived fomc excufe for darknefs and
filence, till (he could inform her companion that
he had enjoyed the queen of the Lombards, and
that his own death or the death of Alboin, muft
be the confequcncc of fuch treafonable adultery.
In this alternative, he chofe rather tp be the ac-
complice' than the viaim of Rofamond (21),
whofe uitdaunted fpirit was incapable of fear or
remorfe. She expedted, and fdon fpund a fe-
vourable moment, when the king, opprcffed with
wine, had retired from the table to his afternoon's
jQumbers. His faithlefs fpoufe was anxious for
his health and repofe : the gates of the palace
were (hut, the arms removed, the attendants dif-
miflfed, and Rofamond, afteir lulling him to reft
by her tender careflfes, unbolted tfe chamber-
door, and urged thereluAant confpirators to the
inftant execution of the deed. On thcfirft alarm,
the warrior ftarted from his couch ; his fword,
which he attempted to draw, h^d been fattened
to the fcabbard by the hand of Ro(amond ; and
a friiall ftool, his only weapon, could not long
proteft him from die fpears of the aifaffins. The
daughter of Cunimiind fmiled in his fall ; his bo*
dy was buried under the ftair-cafe of the palace,
and the grateful pofterity of the Lombards re-
vered the tomb and the memory of their vifto-
lious leader.

The

(£») Tke Clascal reader will recoiled the wife and fnurder of Can*
daulet!, f« agreeably told in the firft book of Herodotus. The choice
«f Cygcs, dt fHTMi «oT#^ ^c^<»v««, may fcrvc as the excufe of Pere-
dctts ; and this foft infiauation of an odions idea has been imitated by
tbe bed writers of antiquity (Gr^vius, ad Ciceron. Orat. pro Milone,
c; 10.). • .

OF THE ROMAN EMPIRE. 119

The ambitious Rofamond afpired to reign in |^'J||^
the name of her lover ; the city and palace of '
Verona were awed by her power, and a faithful
band of her native Gepida^ was prepared to ap-
plaud the revenge, and to (ecohd the wi(hes, of
their fovereign. But the Lombard chiefs, who
fled in the firft moments of confternation an4
diforder, had refumed their courage and col-
Icfted their powers ; and the nation, inllead of
fubmitdng to her reign, demanded with unani--
nious cries, that juftice fhould be executed on the
guilty fpoufe and murderers of their king. She
ibught a refuge among the enemies of her coun-
try, and a criminal who deferved the abhorrence
6f mankind was proteAed by the feliifli policy of
the exarch. With her daughter, the heirefs of
the Lombard throne, her two k)vers, her trufty
Gepidae, and the fpoils of the palace of Verona^
Rofemond defcended the Adige and the Po, and
was tranfported by a Greek veffel to the fafe har-
bour of Ravenna. Longinus beheld with delight
the charms and the treafures of the widow of
Alboin , her fituation and her paft conduft might
juftify the moft licentious propofals ; and flie
readily liftened to the paffion of a minifter, who^
even in the decline of the empire, was refpedled
as the equal of kings. The death of a jealous
lover was an eafy and grateful facrifice, and as
Helmichis ilTued h:om the bath, he received the
deadly potion from the hand of his miftrefs.
The tafle of the liquor, its fpeedy operation, and
his. experience of the character of Rofamond,
convinced him that he was poifoned : he pointed
his dagger to her breafl, compelled her to drain
the remainder of the cup, arid expired in a few
minutes, with the confolatioa, that (he could not
tong furvive to enjoy the fruits of her wickednefs.
* ' • ^ . . The

I20 THE DECLINE AND FALL

The daughter of Albom and Rofan^ood, with
the richeft fpoiU of the Lombards^ was eiSBbarb^
ed for Conftantinof^e ; the furprifing ftrpngth of
Feredeus amufed and terrified the Irnperial Qourt ;
his blindnefs and revenge exhibited an ioiperfe^)^
copy of the adventures of Sampfon. By thq
. kb^^'of the ^^^ fuffirage of the palaon, in the afleeibly q6
Lombftrdt, Fovia, Clepho, one of their noblefl: chie&, was.
^;^573, eleAed as the fucceflbr of Alboin, Before the
end of eighteen months,, the throne was polluted
by a fecond murder; Clej^ho was ftabbed by
the hand of a domeiiic ; the regal office was fu(^
pended above ten years, during the minority of
his Ton Autharis; and Italy was divided and op^
prefled by a ducal ariftocracy of thirty ty-
rants (2 2).
weikncfs When the ncfrfiew of Juftinian: afcended the
«^ t^«^ throne, he proclaimed a new «rar of happin^fe
^'"'"^ * and glory. The annals of the fecond Juftin (^3^
are marked with di%race abroad and mife^y at-
home. In the Weft, the Roman empire was ^^
flicted by the lofs of It^y, the deibl^^tioa of
Africa, and the conquefts of the Perfians. Jn«
juftice prevailed both in the capital a^d the pro-
vinces ; the rich trembled for their property, the
poor for their fafcty, the ordinary magiftratea
were ignorant or venal, the occafional remedies
appear to have been arbitrary and violent, and
the complaints of the people could no bnger be.
filenccd by the fplendid names of a.legiflator and
a conqueror. The opinion which imputes to

the

(.11) See the hiftory of Paul, 1. ii. c. 48-.— 34. I have borrowed
feme inCcrefting circumftances from the Liber Ponttficaiis of AgncUus,
in Script. Rer. Jtal. toqi. ii. p. U4. Of ^11 ci^rQoolofic^ Sfi<}es
Muratori is the fafcft.

(13 ) The orif inal authors for the reign of Juftin the younger, are
Evagxius, Hift. Ecd^f. r. v, c. i-r^ia. Tkto^ufivi^ in Oi^'onograpJj.
p. 404—^10. Zonaras, torn. ii. I. xiv. p. 70 — 71. CcdrcnuK, In
Compend. p. 388 — ^391.

OF THE ROMAN EMPIRE. 121

tke prince all the calamme^ of his times, may be
couat«anced by the htftorian as a ferious truth
or a falut^ry prejudice. Yet a* candid fufpicioa
will ariie, tbat the ieatimem^ of Jui^in were
pure and beneyolent, and i^aft he might have
filled his ilation without reproach^ if the ^cul'^
ties of hi&ooind had not been in^paiced by difeafe,
which deprived the ecnperor ef the ufe of bis
feet» and confined him to the palace, ailranger
to the coaq)kints of the people aod* the vices of
the government. The taifdy knowledge of hid
own impotence determined ^m to lay down the
wei^ of the diadem ; an^ in the choice of a
worthy fuhfiitute,, he (hewedi foflQ^e fymptom&o€
a diiceming aAd even magnanimous ^irit The
only fon of Jufiin and Sophia died in bi$ in&ncy >
their daughter Arabia was the wife of fiadiuatiufit
(24) fuperintendant of the palace,, and after^
waixls commander of the Italian arnuesj wher
vainly aipired to confirm the rights of marriage
by tlK>fe of adoption. WWle the empire appear-
ed an ot^Aof d^fire„ Jjttftin was accfufiomed t&*
behold withjeaioufy and hatred his brokers and
ccHi&is, the rivals of his hopes ; nor could he
depend on th^ gratitude of tbofe who would ac-
cept the purpte as a reftitution, rather than a gift.
Of thefecpmpetitoiis, <Miehad been removed by
exile, and afterwards by death ; and the empe-
ipr hii^felf had inflicted fu^h pi>iel infults on

anpther,

(24} Difpofitorqne novas facre Bfldaar'ms aula;.
Succtflbr foceri mox fadtus Cvra-palat?.

Corippn*.
ilftdDtriue is enQmenrtedamonp thedefteDdantsand aflies of the hoofr
of JvAisim. A-faraily ©f- nobte Vcnetlatis (Cafa Badctre) baiit
churches andf«v«e' dnltcsto the repuWtc as eaH^ts the \x^^ century ;
and if threir defcctit be admitted, no kings is Europe can produce a
pedigree fo afhd^iyfund ittnftrlow. Dueange; Pam. Byiantin. p. ^^.
Acaelo^ de H-Motrffeye, Oouvernemenf de Vcnifc, toitr. ii. p. «; ? 5 .

iza THE DECLINE AND FALL

another, that he mull either dread his refent-
ment or defj^ife his patience. This domeftic
animofity was refined into a generous refolution
of feeking a fucceffor, not in his family, but in
the republic : and the artful Sophia recommend-
ed Tiberius (25), his faithful captain of the
guards; whofe virtues and fortune the emperor
might cherifli as the fruit of his judicious choice.
. . The ceremony of his elevation to the rank" of
of Tih^^s, Caefar, or Auguftus, was performed in the pbr-
D ^' 574- tico of the palace, in the prefence of the pa-
**^*"' ' triarch" and the fenate. Juftin collcded the re-^
maining ftrength of his mind. and body, but the
popular belief that his fpeech was infpired by the
Deity, betrays a very humble opinion both of
the man and of the times (26). *' You behold,'*
faid the emperor, " the enfigns of fupreme
** power. You are about to receive therh not
*• from my hand, but from the hand of God.
" Honour them, and from them you will derive
** honour. Refpedt the emprefs your mother ;
" you are now her fon, biefore; you were her
** fervant. Delight not in blood, abftain from
" revenge, avoid thofe aftions by \yhich I have
*' incurred the public hatred, and confult the
" experience rather than the example of your
" predeceflbrs. As a man, I have finned ; as a
" finner, even in this life I have been feverely
*^ punifhed : but thefe fervants (and he pointed
'^ to his minifters), who have abufed my confi-

^* dence,

(15) The pralfls beftowed on princee before their elevntion, is the
piireft and moft weighty. Cprippos has celebrated Tiberius at the
time of the acceflion of JuHin (1. i. ftiz— iiz.). Yet even a captain
o^ the guards might attra^ the flattery of an African cxibe.

(z6) Evagrius (1. v. c. 13.) has added the reproach to his Minifters.
He applies this fpeech to the ceremony when Tiberius was invefted
with the rank of Caefar. The toofe expreffion^ rather than the pofi-
cive error, of Theophanes, Sec, has delayed it to his duffifian invci?
thurc, immediately before the death of Juftin. ' ' '

OF THE ROMAN EMPIRE. 123

€i

dence, and inflamed my paflions, will appear
** with me before the tribunal of Chrift. I have
*' been dazzled by the fplendour of the diadem :
** be thou wife and modeft j remember what you
** have been, remember what you are. You fee
*' around us your flaves and your children ; with
** the authority, aifume the tendernefs of a par
** rent. Love your people like yourfelf ; cultir
** vatjs the affedtions, maintain, the difcipline of
*' the army : protedt the fortunes of the rich,
** relieve the neceffities of the poor (27).'* The
aflembly, in filence and in tears, applauded the.
counfels, and fympathifed with the repentance,
of their prince : the patriarch rchcarfed the pray-,
ers of the church ; Tiberius received the diadem
on his knees, and Juftin, who in his abdication
appeared moft worthy to reign, addreffed the
new monarch in the following words : ** If you
** confent, I live ; If you command, I die; may
** the God of heaven and earth infufe into your
" heart whatever I have negledted or forgotten."
The four laft years of the emperor Juftin were p^^jij ^f
pafied m tranquil obfcurity : his confcience was Jw^^ "•
BO longer tormented by the remembrance of oaobw'5;
thofe duties which he was incapable of difcharg-
ing ; and his choice was juftificd by the filial re-
verence and gratitude of Tiberius.

Among the virtues cf Tiberius (28), his beauty ^c.gn ^f
(he was one of the talleft and moft comely of the a!^"^?"'

Romans) ^^r*- a^--

^ A. D. 58z,
Auguft 14.

(ay) Theophylad SimocatU (1. iii. c. xr.) declares that he fhall glv^e
to pofterity the fpcech o£ Juftin a? it was pronounced, without at-
temptiog to eorre^V the imperfections of language or rhetoric. Per-
haps the vain fophift wouJd have been incapable of producing fuch fen-
iiments.

(*«) For the chara^er and reign of Tiberius, fee Evagriu?, I. v. c.
13. Theophyla£l, 1. iii. c. i», dec. Theophanes, in Cbroo. p. zro
—113. ZoBara$,'tbm'. ii. 1. xiv. p. jt. Cedrenu.e, p. 391. Paul
Vamefrld, de Geftis Longobard. 1. iii. c. i li 12. The deacon of Fo-
rum Jttlii appears to have pofTefled fome curious and authentic hi\^.

SZ4 THE DECLINE AND FALL

Ronmns) might introduce hitn to the fafvour of
Sophia ; and the widow of Juftin was perfuaded,
that (he Ihould prefcrve her ftatbn and influence
lander the reign of a fecond and more youthful
huihand. But if thd ambitious candidate had
l>een tempted to flatter and diifemble, it was no
longer m his power ta fulfil her expectations, or
his own promife. The fadtbns of the hippo-
drome demanded, with fome impatience, the
name of thdr ncweiikprefe ; bothrthe people and
SbpBia were afloniflied by the pmclaEration of
Ai^ftafia,. the fecnet, though lawful wife of the
empciw Tiberius* Whatever could alleviate
the Afappointment of Sophia, imperiai honours,,
aftately palace,, a/ numerous hpulhold, Was libe-
lally befliowed by the piety of her adopted fbn ^
onfolema occafionsJie attended and cbnfulted
the widow of \A& bcncfaiftor: butcher ambirioni
difdained thfe vainr femblange of royalty, and the'
refpedtfiii appellation- of mother ferved. ft ex^af-
ji'eratte,. rathep thaaappeafe, the- rag^'of an in-
jured womdn. While (he acceptedv afnd^repaid'
with a^ courtly fmile^ the fair dxprdfions of re-'
gatdand confidence, a fecret alliance was' con*:
eluded between the dowager driprcfe and hef
ancient enemies;, and Juftinianj the foh^of Ger-
manus, was employed* as thci inftrum'ent of her-
revenge. The pride of the reigning houfe flip-
ported, with reluctance, the dominion of x
ftranger : the youth was defervedly popular ;
his name, after the death of Juftin, had been
mentioned by a tumultuous fe^tidfi ; and his
own fubmiflive offer of his head, with a treaCiire
of fixty thoufand pounds, might be interpfeted^
as an evidence of guilty or atleaft of fear. Juf-
tiriian received a ftee p2^rdo^, and the command'

OF THE ROMAN EMPIRE. 125

of theeaftern army. The Perfian monarch fled
before his arms 5 and the acclamations which ac*
companied his triumph, declared him worthy of
the purple. His artful patronefs had chofen the
month of the vintage, while the emperor, in a
rural folitude, was permitted to enjoy the pica-
fures of a fubjed. On the firft intelligence of
her defigns he returned to Conftantinc^e, and
the conlpiracy was fuppreffed by his prefence and
firmnefs. From the pomp and honours which
(he bad abufed, Sophia was reduced to a raodeft
allowance : Tiberius difmiffed her train, inters
cepted her correfpondence, and committed to a
faithful guard the cuftody of her perfon. But
the fervices of Juftinian Were not coniidcted by
that excellent prince as an aggravation ef his of-
fences : after a mild reproof, his treafon and iii^
gratitude were forgiven ; and ft was commonly
believed, thai the- emperor entertained: fome
thoughts of contracting a double alliance with
the riva! of his throne. The voice of anr angel
(fuch afafele was propagated) might reve^ to the
emperor, that he (hould always triumph over hf$
domeftic foes ; but Tiberius derived a firmer af*
furance from the innoccbce andjgenerofity of his
own mind.

With the odious name <^ Tiberiu$, he affum- Hi8 virtues.
ed the rnore popular appetlatien of Conftantine,
and imitated the purer virtues of thie Ahtomnes.
After recoriSng the vice or folly of fo' many
Roman princes, it- is^pleafiug to repofei for a
moment, on a character coflfpiGUousbytliequau
lities of humanity, juftice, temperance, arid
fortitude ; to contemplate! a ibvereign afFabte in
his palace, pious in the church, impartialon thg
feat of Judgment, and vixftorious, at lealb by his
generals, in the Bsrfian wm. The moft glorious

trophy

126 THE DECLINE AND FALL

trophy of his vidory confifted in a multitude of
captives, whom Tiberius entertained, redeemed,
and difmifled to their native homes with the cha*
ritable fpirit of a Chriftian hero. The merit or
misfortunes of his own . fubjedts had a dearer
claim to his beneficence, and he meafured his
bounty not fo much by their expectations, as by
his own dignity. This maxim, however dange-
rous in a truftec of the public wealth, . was ba-
lanced by a principle of humanity and juftice,
which iaught him to abhor, as of the bafeft al-
loy, the gold that was extrafted from the tears of
the people. For tbejr relief, as often as they had
fuffered by natural or hoftile calan^ities, he was^
impatient to remit the arrears of the paft, or the
demands of future taxes : he ftemly rejefted the
fervile offerings of his minifters, which were
compenfated by tenfold oppreflion ; and the wife
and equitable laws of Tiberius excited the praifc
and regret of fucceeding times. Conftanrinople
bdtcved that the emperor had difcovered a trea-
fure. ; but his genuine treafure confifted in the
praftice of liberal opconomy, and the contempt
of: all vain and fuperfluous expence. The Ro-
mans ;of. the Eaft would have been happy, if the
gift of heaven, a patriot king, had been con-
firmed as a proper and permanent bleffing. But
in Jefs than four years after the death of Juilin,
his worthy fucceffor fujik into a mortal difeafe,
which left him only fufEcjent time to reftore the
diadenjv according tq. the tenure by which he held
it, to the moft deferving of his fellow-citizens^
He felefted Maurice from the crowd, a. judg-
ment more precious than the purple itfeJf : the
patriarch and fenate were fumrponed to the bed
of the dyirfg*. prince: he beftowed his daughter
and the eiijpire ; and Ws l^ft advice was folemnly

deli-

OF THE ROMAN EMPIRE. 127

delivered by the.voice of the qusefton Tiberius
expreffcd his hope, that the virtues of his Ton and
fucceffor would ereft the nobleft maufoleum to
his memory. His memory was embalmed by
the public affliftion ; but the moft fmcere grief
evaporates in the tumult of a new reign, and the
eyes and acclamations of mankind were fpeedily
directed to the rifing fun.

The Emperor Maurice derived hiii origin from t&c reign
ancient Rome (29) ; but his immediate parents *^^^*'»"^«»
were fettled at Arabiflus in Cappadocia, and their Auguft^j*
felicity preferved them alive to behold and par-^jJJ;^
take the fortune of their augnji fon. The youth 27/
of Maurice was fpent in the profeflion of arms ;
Tiberius promoted him to the command of a
new and favourite legion of tv/elve thoufand '
confederates ; his valour and condu<fk were figna-
lized in the Pcrfian war ; and he returned to
O>nftantinople.to accept, as his juft reward, the
inheritance of the empire. Maurice afcended
the throne at the njatuie age of forty-three years ;
and he reigned above twenty years over the Eaft
and over himfclf (30) ^ expelling from his mind
the wild democracy of paffions, and eftablifhing
(according to. the quaint exprefliofi of Evagrius)
a perfedk ariftocracy of reafon arid virtue. Some
fufpicion will degrade the tcftimony of a fubjeft,
though he protcftsL that his fccret praife ibonld:'
. , ; '.'.'. never

(ap) le is thfcrefort fifigutar enbngii thtt Paul (!« lii. c. xg.) ibould'
difiinguilh him as the ^rdGr^ek empccor^priintts erCr^conun gedera .
in Impcrio conftitueus. Hh' immediate predeceflbrs had indeed 'been
born in the Latin provinces of Europe ; and a varioos reading, in
Grscornm Imperio^ would apply the cxpreffion to the empire rather
than the prince.

(3e)Confttlt,'for the chftt*£ker and reigir of Matrrice^ the fifth and
fixth books of Kvagrins, particnlarly F. vi. c. i ; the eight books of :
his prolix and florid hidory by Theophy}a£k Simocatta. Theophan^s
p. xxz> ^c« ioaaras, torn, ii. 1, xiv. p. 73. Ccdreaiis, p. 394.

128 THE DECLINE AND FALL

uever reach the car of his fovereign (31), and fomc
fellings feera to place the character of Maurice
below the purer merit of his predeceflbr. His cold
and lefcrvcd demeanox^r might be imputed to ar-
rogance ; his juftice Af as not always exempt (irotn
cruelty^ nor his. cktnency &om weaknefs ; and
his rigid ccconoiDy too often exposed him to the
reproach of avarice. But the nitiohal wiflies of
an abfolute mbiiafch. inuil tend to the happtnefs
of his people ; Maurice was endowed with fenfe
arid courage to prooiote that bappinefis, and his
adminiftratioQ wias directed by the principles and
examples of Tiberius. The pufilianimity of the
Greeks had intntxiuced fo complete a feparation
between the offices of king and of general, that
a prirate foWier wfc had defervcd and obtained
the pKtt-plc, fcldom' or never appeared at the head
of his armies. Yet the emperor Maurice enjoyed
the glory of i^ih>rihg the Peritan.mbnarch to his
tlHTone : his lieutenants waged a doubtful war
againft the Avaw of the Danube/ and he call
an, eye of pity, of ineifie£tual pity, on the
abje^ and dtftr^ful ilate of his Italian pro*
vtnccG.. •;' '• ■ -"

Diftrefsof FroHT Itaty thc emperors wcrc inceflantly tor*-
racnted by tales bt mifery and demahds of fuc-
cour, v^hich extarted the humiliating confefllion
of theft- awn; weakAeiai The - txpiring dignity
of Rome was only marked by the freedom and
energy of her complaints : " If you are incapa-
^ btei" (he faids •i' of delivering u« from the
^ {ynffd of iht Lombards, faye us at leaft from

*' the

(3 1:) .Avropfmmfk4if^fryh9fBn9rrnrfm'tx%36icfkTUtt* twv «*«•

}^tyiTfuti K^rti^TfiLfiiV6^» Evagms compofed his fiiftory in the
tweVth year of Maurice ; and he bid been fo yiiCttj indlfcreet, that
- the emperor knew and rewarded his favonrable opinion (1. ti. c. 14.)»

luly.

OF THE ROMAN EMPIRE. ifltj

" the calamity of famine." Tiberius forgave
the reproach, and relieved the diftrefs : a fupply
of com was tranfported frorjEi Egypt to the Ty-
ber; and the Roman people, invoking the name,
not of Camillus, but of St. Peter, repulfed the
Barbarians from their walls. But the relief was
accidental, the danger was perpetual and preff-
ing ; and the clergy and fenate, coUeding the
remains of their ancient opulence, a fum of
three thoufand pounds of gold, difpatched the
patrician Pamphronius to lay their gifts and their
complaints at the fc)ot of the Byzantine throne.
The attention of the court, artd the forces of the
Eaft, were diverted by the Perfian war : but the
juftice of Tiberius applied the fubfidy to the de-
fence of the city ; and he difmiffed the patrician
with his beft advice, either to bribe the Lombard
chiefs, or to purchafe the aid of the kings of
France. Notwithftanding this weak invention,
Italy was ftill afflifted, Rome was again befieg-
cd, and the fuburb of CJaffe, only three miles
from Ravenna, was pillaged and occupied by the
troops of a fimple duke of Spoleto, Maurice
gave audience to a fecond deputation of priefis
and fenators ; the duties and the menaces of re-
ligion were forcibly urged in the letters of the
Roman pontiff; and his nuncio, the deacon
Gregory, was alike qualified to folicit the powers
either of heaven or of the earth. The emperor
adopted, with fbonger efie£t, the meafures of
his predeceflbr : fome formidable chiefs were
perfuaded to embrace the friendfliip of the Ro-
mans ; and one of them, a mild and faithfiil Bar-
barian, lived and died in the fervice of the
exarch : the paffes of the Alps were delivered to
the Franks ; and the pope encouraged them to
violate without fcruple, thdr oaths and eng^ge-
VouVIlI JC ments

I30 THE DECLINE AND FALL

ments fo the misbelievers. Childebert, the great-
grandlbn oi Clovis, was perfuaded to invade
Italy by the payment of fifty thoufand pieces v
but as he had viewed with delight fome Byzan-
tine coin of the weight of one pound of gold,
the king of Auftraha might ftipulate, that the
gift (hould be rendered more worthy of his ac-
ceptance, by a proper mixture of thefe refpec-
table medals. The dukes of the Lombards had
provoked by frequent inroads their powerful
neighbours of Gaul. As foon as they were ap-
prehenfive of a mft retahation, they renounced
fheir feeble and diforderly independence : the ad-
vantages of regal government, union, fccrecy,,
and vigour,: were unanimoufly confefled ; and
Slf'lh. Autharisy the fon of Gtepho, bad already at-
Lombards, faincd thfe ftrcngth and reputation of a warrior^
584-^590. U^^^r ^^e fllandard of their new king, the con-
querors of Italy withftood three focceflive inva-
nons, one of which was fed by ChiWebert hitnw
felf, the laft of the Merovingian; race who de-
fcended from the Alps. The firft expedition
was defeated by the jealous aniraofity of the
^ Franks and Alemanni. In the fecond they were
vanquifhed irt a bloody Jbattle, with more lofs
and diffionour than they had fuftained fince the
foundation of tHcir monarchy. Impatient for
pevenge, they returned a third time with accu-
mulated force, artd Autharis yielded to the fury
of the fbrrent. The troops and trcafures of the
Lombards were diftribtrted in the walled towns
between the Alps and the Apennine. A nation,
Rrfs fenfibfe of danger, than of fatigue, and de-
- lay, foorl* rnurnlured'^ againft the foily of their
• fwenity coritmandrrr ; and the hot vapours of an
Italian ibi* infetted with difeafethofe tramontane
bbdiei^ which had already fuffered the viciflitudcs

of

OF THE ROMAN EMPIRE. 131

of intemperance and famine. The powers that
were inadequate to the conqueft, were more than
fuflicient for the defolation, of the country ; nojp
could the trembling natives diftinguifti between
their enemies and their deliverers. If the junc-
tion of the Merovingian and Imperial forces had
been ejffefted in the neighbourhood of Milan, per-
haps they might have fubverted the throne of
the Lombards ; but the pranks expcdled fix days
the fignal of a flaming village, and the arms of
the Greeks were idly employed in the redudion
of Modena and Parma, which were torn from
them after the retreat of their tranfalpine allies.
The vidlorious Autharis afierted his claim to the
dominion of Italy. At the foot of the Rhaetian
Alps, he fubdued the refiftance, and rifled the
hidden treafurcs, of a fcqueftered ifland in the
lake of Comum. At the extreme point of Ca-
labria, he touched with his fpcar a column on
the fea-fliore of Rhegium (32), proclaiming that
ancient land-mark to Hand the immoveable
boundary of his kingdom (33).

During a period of two hundred years, Italy J^^te',»f
was unequally divided between the kingdom of Ravcmu*
the Lombards and the exarchate of Ravenna.
The offices and profeffions, which the jealoufy
of Conftantine had feparated, were united by
K 2 the

(|2) The Columnt Rhcgint, in the ntrroweft part of the Paro o£ .
Meftoa, oae hundred ftadia from Rhegium itfelf, is freqoently men*
tioned in ancient geography. Clnver. luL Antiq. torn. ii. p. 1^9$ •
Lncaa Hoiften. Annotat. ad Clover, p. 301. WefleUng, Itinerar.
p^ I of.

( 33 ) The Greek hiftorians afibrd fome faint hinu of the wars of Ita«
If (Menander, in excerpt. Legat. p. ia4» latf. Theophvlaft, L iii.
c. 4.). The Latins are more Utisfa^ory ; and efpecially raul Wamc*
frid, 1. iii. c. 13—34. who had read the more ancient niftories of Se^
cundos and Gregory of Tonrs. Baronius produces fome letters of the
popcR, &c. ; ajMl tne timea are meafured hj the accurate dpnle of Pagi
and Muratori.

13a THE DE.CLINE AND PALL

the indulgence of Juftinian ; and eighteen iuc-
ceffive exarchs were invefted, in the decline of
the empire, with the full remains of civil, ef
military* and even of ecclefiaftical power. Then:
immediate jurifdi£lion^ which was afterwards
confecrated as the patrimony of St*. Peter, ex-
fended over the modem Romagna, the marflies
or valiies of Ferrara ajid Commachk) (34), five
ftiaritime cities from Rimini to Ancona, and a
fecond, inland Pentapolis, between the Adriatic
coaft and the hills of the Apennkic. Three fub-
Ordinate provinces, of Rome^ .of: Venice^ and
of Naples, which were divided by hoftite landff
from the palace of Ravenna, acknowledged,,
both in peace and \^ar, the fupremacy of the
exarch. Th^ duchy of Rom^ appears to have
included the Tufcan, Sabinej .and Latian^ con-
(^Uefts, of the -fir ft four huilidredf ycafrsof the
city, arid the limits may be diftindUy traced along^
■ the coaft, front Gvita Vecchia/ to Terracina^
. and with the cotirfe of the Tiber from Ameria:
and Narrii to the port of Oftia* The numerous
Tflarids frortt Grado to Chibzzay compofed- the

• rhfarif doaiinion of Venice ;^ but the^ moreaccef-
' fible towns on the continent were overthrown by

the Lombards^' who beheld with impotent fury a*

• hew capital rifing from^the waves. The powei^
^ of the dukes of Naples wascircumfcribed by the
J bay arid' ad^cent ifles, by tfie fioftile territory of

• Capua, and by tfi« Ronian colony /of . Amal-
phi*(55), whofe indul&ious? citizensy by- the in-

' '- \ , vention

• *] • . - • - -•'••' Ail .;..-- .a . r , . f • . • ■
' •' ■' •- ;'• ■"'' ■ I ' -^ ; ' .)„ ..-.., ..... ' , • . .',

('54^ Tht r«pal ftdvoicMcs,, Zacagni and Fpntahlni,. mi^ht juftly chim

- - ih&vailcy.ormorftis pf .ComoMcfa^o as a part of the exarchate; But'

ij the ftinlniia&.bf..ind9€tinf MeyJcnay Rcggli, •.Parmaj ancfPiacentia, has

darkened a geographical^ qucftion romcv/hat doubtful and. obfciire.

Even ^turat6^I, as the Tcrvant of the houfe of Efte, is not free

from partiality and prejtidicc.

(35) Sec Brencrhann, f)iffcrt. !"»• de RcpubUca Amalphitaaa, p.
i— 4a,. ad ealcem Hlfl. Pande6l. Flbreat

■ r

OF THE ROM/VN EMPIRE. 133

yention of the mariners Gompafs, have lin veiled
the face of the globe. The thcee iflandsof Sar^
dinia, Corfica, arid Sicily, ftill .-adhered 'to t^e
empire ; and theacquifitionof the farthei: Cala-
bria removed the land-mark of Autharis from.rhe
ftore of Rhegiiim to the ifthmusof Corjfemi^.
Jn Sardinia, thq favag^ moumaipeers preferved
the liberty aiKJ religion of^^tljeif anaeftorsibut
the huftandmcn of Sicily were chained to their
fich afi4"<?uhiyated f(.iU»- .Rpme was oppr^fled
by thc4fop:'fcept|re of the ejcarchs, and arQreek,
perhapslw WWeh, . infalted ivith impgnity the
minsoftheiG^pitoL BjutiNap^esfoon acquired
the privilege<)fplefiVing4iero\yn dukes (36^9 the
fncfcperKif|ioe-of Anaalphi*W;a«the fpjit of com-r

. merc^i #nd the voluntary ^ attachment of Venice
w^s finaUy/.ci^fioWed fey s«i eqi^l ailianccj with
tht cfL^fic^rjttpifQ.: On -the map of It^Jy^ the
meafiijce of the , exarchate occupies a ye^ jf ij^ajde-
quatd (paeey ; but^ k inclivded an. ample prbjp^oi^tlpn
of wealth,, induftrv and; gjc^latipn. The: mpft
faithful: and yaiuable fubjedtip efcaped from the
Bai'bai'Mn yoke ^ - and t\k banners of Pavia arid

' Wtratkst^oftAWan ^ndPaduav weie difplayedj in
their refpiedtiv^e quarters by the n€;w inhabitants
rofRsiMtm^. The :remainder ? of Italy waa^pof- ^hc king-
feflfedbyr^he ;l;.ombar^$ j and. from Pavia, the dom of the
toyal feat,^ their kingdom was extended to jhe ^^"'***'^^'
caft, the north, and the weft, as far as the con-
fines of the Avars, the Bavarians, and the Franks
of Auftrafia andBurgiindy. . In tbe language of
modern: geography, it is now reprefentcd by the
Terra Firnia of the. Venetian republic, Tixiol^ .the
h^ihntky Piemonf, the coaft of Genoa,- Man-
fua, Parma, and Moderia^ the grand duchy of
- ■ . , TufcanVj

[x6) Qregor, |if agQ« U iuy epift* 23. %Sf 16^ Z7«

134 TH£ DECLINE AND FALL

Tufcany, apd a large portion of the ccclefiafti-
cal ftatc from Perugia to the Adriatic. The
dukes, and at length the princes of Bencventum,
furvivciithe monarchy, and propagated the name
of the Lombards. From Capua to Tarentum,
they reigned near five hundred years over the
greateft part of the prefent kingdom of Nar
pies (37). /

ttngmge In Comparing the proportion of the vidtorioas
and man- and the vanquifticd people, the change of lan-
Umbard^ guagc wiU afford . the moft probable inference.
According to this ftandard it will appear, that
the Lombards of Italy, and the Vifigoths of Spain,
were lefs numerous than the Franks or Burgun-
dians ; and the conquerors of Gaul muil yield,
in their turn, to the multitude of Saxxms and An-
gleis who almoft eradicated the idioms of Britam.
The niodem Italian has been infenfibly formed
by the mixturie of nations ; thfe awktvardnefs of
the Barbarians in the mce management of declen-
fiohs and conjugations, reduced thisni to the ufe of
tarticles and auxiliary verbs ; and many new ideas
have been exprefled by Teutonic appellations.
Yet the principal ftbck of techriicar and familiar
words is found to be of Latin derivation (3 8) ;
and if we were fuffieiently converfant with the
obfblete, the ruftic, and the muriicipal dialefts
■-' ^-\ • ■-■•'• ;•• • • - •: of

(37) I have dcfcribed the (late of Ittly from the exceHcot'Differta-
tion of Berettt. Oianooe (idoria Civile, tom.i. p. 1 747-3 87.) has
followed the learned Caraillo Pellegrini in the geography of the king-
dom of Naples. After the lof^ of the true Calabria^ the' vanity of the
Qrdeks fobltituted that name . ioflead of the mort igooVe af^Uatioa
of Brutttum ; and the change appears to havtf taken place before the
limeof Charlemagne (Eginard, p. 75. )v . , .J

■ (38} Maffei (Verona liluftrata, parti, p. 310—3x1.) and Muratori
(Antichiti Italiane, torn. ii. DifTertazione xxxii, xxxiii. p. 71— ■3^5-)
have afTerted the native claims of the Italian idiom : the former with
cnthufiafm, the lattej: with dAforckioo ;' botb wiiB ifetr|ing, ingenuity,
and truth.

OF THE ROMAN EMPIRE. 135

cf ancient Italy, we ftiould trace the oiigio of ma-
ny terms, which might, perhaps, be rejefted by
die claific purity of Rome. A numerous army
conftitutes but a fmall nation, and the powers of
the Lombards were foon diminilhed by the jre-
treat of twenty thoufand Saxons, who fcorned a
dependant fittiation, and returned, after inany
bold and perilous adventurfes, to their native
country (39). The camp of Alfcoin was of for-
midable extent, but the extent of a camp would
be eafily circumfcribed within the limits of a ci-
ty ; and its martial inhabitants muft be thinly
fcattered over Ae face of a large country. When
Alboin defcended ficm the Alps, he inverted his
nejAew, the firA duke of Friuli, with the com-
mand of the province and the people ; but the
prudent Gifulf would have declined the dange-
rous office, unlefs he had been permitted to chufe,
among the nobles of the Lombards, a fufficient
numbcrof families (40) to form a perpetual co-
lony of foldicrs and fubje&s. In the progrefe of
fonqueft, the fame option could not be granted
to the dukes of Brefcia or Bergamo, of Pavia or
Turin, of Spoleto or Beneventum ; but each pf
thcfe, and each of their colleagues, fettled in his
appointed diftrift with a band of followers who
reforted to his llandard in war and his tribunal in
peace. Their attachment was free and honour-
able : religning the gifts and benefits which they
had accepted, they might emigrdle with their
families into the jurifdiftion of another duke ; but
their abfence from the kingdom was puniflied

.with

(39) Paul, de Geft. Longobard. 1. in. c. ^, 6^ f.

(40) Paul, L H. c. 9. He calls thefc families or generations by the
Teutonic name nf f^fjl^l^^i^c^ is likewirc ufed in th^ Lombard laws,
^le/ ^^teie animated dcfcripiiSfiWc of the nobility of l^is o^n face,

lom. zvi. p. i3^» &c.

136 THE DECLINE AND FALL

with death, as a crime of military defertion (41).
Thepofterity of. the firft conquerors ftmck a
deeper root into the foil, which, by every motive
of intereft and honour, they were bound to de-r
fend. A Lombard was bom the foidier of his
king and^s duke ; and the civil affibmblies of
the natiern difplayed the banners, and affumed the
^ppeHation, of a regular army* Of this army,
thepay and the rewards were drawn from the
■conquered provinces; and the diibribution, which
was not effected till after the death of Alboin, is
difgraced by the foul marks of injuitice and ra*
pine. Many of the moft wealthy Italians were
-flam or. baniftied ; the remainder were divided
'^ among the llrangers, and a tributary obligation
-wasimpofed (under the name of hofpitality,) of
.paying to the Lombards a third part of the fruits
of the earth. Within lefs than feventy years,
this, artificial fyftemwas aboliflied by a more
iimple and folid tenure (42). Either the Roman
: landlord was expelled by his ftrong and infolent
-gucft ;. or the annidl payment, a third of the
produce, was exchanged by a more equitable
: tranladtion for an adequate proportion of landed
property. Under thefe foreign maflers, the bu-
linefs of agriculture, in the cultivation of com,
vines, and olives, was exercifed with degenerate
Ikill and iriduftry by the. labour of the flaves and
natives. But Ae occupations of a paftoral life
were more pleating to the idlenefsof tire. Barba-
rians*' in the rich meadows of Venetia,- they le-
ftored and improved the breed of horfes for which

that

(41). Corapstre N» 3 and 177 of the Uws of Rotharis.
^« ofth^d. • bif' - "S'f'of the IfUan idiom : the foImerVy

OF THE RDMAK EMPIRE. 137

that province had once been illuftrious (43) ; and
the Italians beheld with aftonilhrnent a foreign
race of oxen or buflfaloes (44). The depopu-
lation of Lombardy, and the increafe of fordls,
afforded an ample range for the pleafores of
the chace(45). That marvellous art which
teaches the birds of the air to acknowledge the
voice, and execute the commands of their mat*
ter, had been unknown to the ingenuity of
the Greeks and Romans (46). Scandinavia and
. Scythia produce the boldeft and moft trada-
ble falcons (47) : they were tamed and educa-
ted by the roving inhabitants always on horfe-
back and in the field. This favourite amufe-
ment of our anccftors was introduced by the

Barbarians

{43) The ftuds of DIonyftas of Syrtcuro, and hit fr<qiient Viaoriei
tiB the Olympic game% hid diffufed imodg the Greeks the fame of the
^ Yenettaa horfcs v bot the bc«e4 was excina m the ttme of Strabo (1. n
P* Z*S')' Gi^Q^ obtained from his uncle generofarum equarum greges.
Vzul, 1. ii. c. 9. The Loknbai'dt'afterwards^tradiiGed cdballi fylratict
•»«wild horfe^ Fanl, l.jv. c. 1 1 .

(44) Tunc (A. Dr $9(^) primnm^ bnUli in Italtam delati Italic po«
poiit miracola fa^re (PiaJWarncfTid, I. !▼. c. li.). The buffaloes,
whpfe native climate app^ap tofae Africa and India, are unknown to
I Eprppe^ except in Italy^' where they are nnmerods andufefiil. The
^ nocientswere ignorant of' tliefe amn&ats, oafefs AJtit^tht (Hift. Ani-
mal..!, ii. c. 1. p. $8. Paria, 1783) has defcribed them as the wild oxen
ofArachdfia. See Buffon» Hift. Naturelle, tom. xi. and Supplement,
Com. yi. Hift. Genirale des Voyages, torn. i« p. 7.481.11. 10$. iii.
*a9i. iv,' 234/4^.1 . vl 193. ▼i.r49t. viii. 400. k.^. • Pennant's .Qutd-
ropedet, p. 24. 'Di£l!onaire.d*Hfft. Natnrelle, par Valmont de Bo-
marc, torn. p. 11.74. Yeti tnuft'not conceal the fufjptcion that Paul, by
a imlgar error, may have appHed the name of Malus to the aurochs, or
wild bun, df ancient Germany.

(4$ ) Ccttfalc thtf xxi*^ Diikrtitton of Mttrctori.
^46) Their ignorance is proved by the filence even of thofe who pro-
leflodly treat of tht arts or hunditg and tbe hiftory of animals. Arif-
totle (Hift. Animal. 1. ix. c. ^5. torn. t. p. $86. and the Notes of Jiis
Jaft Editor, M. Csmue; torn. li. p. 314- )» ^^^7 (Hift. Natnr. 1. x. c.
"lo.), ^lian (de Natur. Animal. 1. ii. C. 4*,)y and perhaps Homer
(Odyflf. xxti.' 301^30^.), defcribe withaftoniftunent a tacit league and
common chacebtftwe^n th^ hiiwks and the Thradan fowlers.

< 47) Particularly the gcrfaut, or gyrfalcooi, of the fixe of a fmall
eagle. See the animated defcription of M* de Buffoo, Hift. Naturelle^
lorn. zvi. p. 13^, dec.

138 THE DECLINE AND FALL

Barbarians into the Rom^n provinces; and the
laws of Italy efteeem the fword and the hawk
as of equal dignity and importance in the hands
of a noble Lombard (48).
Drcfi tnd So rapid was the influence oJF climate and «-
twrriife. ample, that the Lombards of the fourth genera-
tion furveyed with curiofity.and affright the por-^
traits of their favage forefathers (49). Their
heads were (haven behind, but the fhaggy locks
hiing over their eyes and mouth, and -a long
beard, reprefented the name and charadter of
the nation. Their drefs confided of loofe linen
garments, after the felhion of the Anglo-Saxons,
which were decorated, in their opinion, with
broad ftripes of variegated colours. The legs
and feet were clothed in long hofe, and open
fandals ; and even in the fecurity of peace, a
trufty fword. was. conftantly girt to their fide*
Yet this ifarange apparel, and horrid afoedt, of-
ten concealed a gentle and generous dilpofition ;
and as foon as the rage of battle had fubfided^
the captives and fubjedts were foftietimes fur^
prized by the humanity of the vidbor. The vices
pf the Lombards were the eflfedt of paflion, of
ignorance, of intoxicajiou.;i.djeir virtues are Jhe

.... more

(t8) Script. Rernm lulictnim, tofn. f. ptrt iL p. 129. This Is the
xvi*** law of the emperor Lewis the Pious; His -father Charlemtgne
had falconers in Jiis houfehold as well as htatrmeo (Memoires fur Tan*
ieienne Chcvalerie, parM. de St.PaJtyc^ torn. Hi. p. 17$.). I obferve
in the laws of Rotharis a more early Ynentioft'of the art of hawking
(N*. 31a.} ; and in Gaul, in the vf^ century^ it is celebrated hy Sido*
hius Apoflinarjs among the talents of Avitiis (aoa— aoy.).

(49) The epitaph of Droftulf (Paul, 1. iii. c. 1^,). may be applie4 t9
many of *his own countrymen :

Terrtbilis yifu faeies, fed corda benig^ns
Longa^pie robufto pe£tore bnrba fait.
The portraits of the old Lombards might ftiil be feen in the ptlacf of
Monza, twelve miles from Miltn, which had been founded or reftored
by queen Theudelinda (L iv. 22, 23.) See Moratori, torn, i^ di^fff
tit, zxiii. p. ^00,

OF THE ROMAN EMPIRE. tj^

more laudable, as they were not affeded by the
hypocrify of fecial manners, nor impofed by
the rigid conftraint of laws and education. I
fliould not be apprehenfive of deviating from
my fubjedk, if it were in my power to delineate
the private life of the conquerors of Italy, and I
(hall relate with pleafure the adventurous gallan-
tly of Autharis, which breathes the true fpirit of
chivaliy and romance (50). After the lofs of his
promifcd bride, a Merovingian princefs,he fought
ia marriage the daughter of the king of Bavaria ;
and Garibald accepted the alliance of the Italian
monarch. Impatient of the flow progrefs of ne-
gociation, the ardent lover efcaped fi^om his pa-
lace, and vifited the court of Bavaria in the train
of his own embaffy. At the public audience,
jthe unknown ftranger advanced to the throne,
and informed Garibald, that the ambafTador was
indexed, the niinifter of ftate, but that he alone
was the friend of Autharis, who bad trufted ' him
with the delicate commiflion of making a faithful
report of the charms of his fpoufe. Theudelin-
da was fummoned to undergo this important ex-

^ amination, and after a pagfe of filent rapture,
he bailed her as the queen of Italy, and humbly
requefted, that, according to the cuftom of the
nation, (he would prefent a cup of wine to the
firdof ]ier ni^w. fubje£ts. By the command of
her&ther, (he obeyed: Autharisreceivedthecup
in his turn^ and, in reftoring it to the princefs,

, he fecretly touched her hand, and drew his own
finger oyer his face and lips. In the evening,
Theudeiinda imparted to her nurfe the indifcreet

familiarity

(50) The ft«ry of Avchtrtf tnd Thcndellnd* is related by Paul, I. m,
t. %$, 34. \ And any firagme^ oi bavarian aatiquky excites the iodefa-
tigable diligence of the count dc Buat, Hid. des Peuplcs de Tfiuropcr,
torn* xi, p. syS"-^3S* *oiii. xii. p. i— $3.

lJ^o THE DECLINE AND FAXL

familiarity of the ftranger, and was comforted by
theaffurance, tKat fuch boldncft could proceed
only from the king her hulband, Uho, by his
beauty and courage, appeared worthy of her love.
The ambaffadors were difmiffed : no fooner did
they reach the confines of ftaly, than Autharis,
raifmg himfclf on his horfe, cjatted his battle-axe
againft a tree with incomparable ftrength and
dexterity* " S-Jcb/* faid he to the aftoniftied Ba-
varians, " fuch are the ftrokes of the king of the
" Lqml^ards/* On the approach of a French
army, Qaribald and his daugliter took refuge in
the dominions of theiV ally ; and the marriage
was^icpnfammated in the palace 6f Verona. At

^ the^eijd of one year, it Was di/rolveci'by the death

' of Autharis :biit the virtues bf TKeudelinda' f5i)
bad endeared her to the nation, and She was per-
mitted, to. bcftow, with her hiand,; the ifceptre of

, thejtaliah kjiigdorn. . »- ; '

Govern- jprom .^his • fafl, as \velj as from fimilar
"^*- . events (5i), it Js certain that the Lbrnbards pof-
fcfCed freedom to eleft theit fbverei^ri, and feWfe
Xq decline the frequent ufeoTtTialt dangerous prir
vjlege. The public revenue arofe from the pro-
duce of Jand, , and the pr6fits p^ ' jtiftice. When

, the independent* dukes i|;ineeff irhat Autharis
ihould afcend the throne of his' falher, they* erir

, dowed the regal office with a fait ^moiety of their
refpeftive domains. The ' proddeft nobles
^fpired to the honours of fervitude^ near the per-

' fon of their prirxe : he Rewarded tfcei fidelity pf
' ' • ■ " ' • • " *^ W

($1} Ounonnc" (Iftoria Civile di Nap^Ii. tom.i. p. 3.6^.). J&s InHlY
cenfured tbt impei tinence of Boccacdo (vio. iii. Novel. %.)y who,
without right or truth, or pretence, has given the pious queen Theude^'
linda to the arms of a muleteer.

($2) Paul, r. iii. c. itf. The firft di0ertatloa6«f Murators-aadtbc
lirft volume of GiaoonneV hiftory, may h^ cosTulifidfoc (he ft^u of tl^
Itingdom of Italy. * .' ,. *

OF THE ROMAN EMPIRE- 141

his vaflals by the precarious gift of penfions and
benefices ; and atoned for the injuries of war, by
the rich foundation of monafterics and churches.
In peace ' a judge, a leader in war, he never
ufurped the' powers of a fole and abfolute legifla-
tor. The king of Italy convened the national af-
femblies in the palace, or more probably in the
fields, of Pavia : his great council was compofcd
of the pcrfons moft eminent by their birth and
dignities ; but the validity, as well as the exe*^
cution of their decrees, depended on the appro-
bation of ih^ faithful people, tht fortunate army
of . the Lombards. About fourfcore years aftet
the conqueft of Italy, their traditional cuftoms
were tranfcribed in Teutonic Latin (53), and ra- ttwt,
tified by the confent of the prince and people ; a. 0.^43,
fome new regulations were introduced, more fui- ^'
table to their prefent condition ; the example of
Rotharis was imitated by the wifeft of his fuc-
ceflbrs, and the jaws of the Lombards have been
efteemed the nioft imperfedl of the Barbaric
. codes (54). Secure by their courage in the pof-
. feffion .of liberty, thefe rude and hafty legiflators
were incapable of balancing the powers of the
conftitution, or of difcuffing th6 nice theory of
political government. Such crimes as threatened
the life of the fovereign, or the fafety of the
ilate, were adjudged worthy of death $ but their
attention was principally confined to the defence
of the F>erfon and property of the fubjedt- Ac-
tording to the ftrange jurifprudence of the times,

thel

(53f) ffie motl tcctrate edition of tlie laws of the Lombards is to Be
foutd in the ScriptorcLS Ktram, jttalictrumy eom. i. part ii. p. f — i8i.
tolUttdfrom the moft ancient MSS. and illnftrated by the critical notes
6f Maratori.

(54) Montd4)tueii,: Efprit des Loixy I. xxviii. c. r. Les lolx dea
dourgoigaonsfontairez judicicttfes: celtes de Rotharis et des autrea
princes Lombards le font encore plus.

142 THE DECLINE AND FALL

the guilt of blood might be redeemed by a fine ;
jet the high price of nine hundred pieces of gold
declares a juft fenfe of the value of a fimple citi-
2en. Lefs atrocious injuries, a wound, a frac-
ture,, a blow, an opprobrious word, were mea-
fured with fcrupulous and almoft ridiculous dili-
gence ; and the prudence of the legiflature en-
couraged the ignoble pradlice of bartering honour
and revenge for a pecuniary compenfation. The
Ignorance of the Lombards, intheftateof Pagan-
ifm or Chriftianity, gave implicit credit to the
malice and mifchief of witchcraft ; but the judges
of the feventeenth century might have been in-
ftrudted and confounded by the wifdom of Ro-
tharis, who derides the abfurd fuperftition, and
protcAs the wretched vidtims of popular or judi-
cial cruelty (55). The fame* fpirit of a legifla-
tor, fuperior to his age and country, may be af-
cribed to Luitprand, who condemns, while he to-
lerates, the impious and inveterate a^^ufe of
duels (56)y obferving from his own expc'rience,
that the jufter caufe had often been opprefled by
fuccefsful violence. Whatever merit may be
difcovered in the laws of the Lombards, they are
the genuine fruit of the reaf^n of the Barbarians,
who never admitted th<^ Bifliops of Italy to a feat
in their legiflative councils. But the fucceffion of
their kings is marked with virtue and ability;
the troubled feries of their annals is adorned with

fair

(55) Sec Leges Rotlairi8,'N» 379, p. 47. Strigt is nfed asthc otme
•r a witch. It is of the purcft claffic origin (Horat, cpod. v. lo. Pc-
tron. c. 134.); *^t f'o™ *^c words of Petronias (qux ftriges comede-
runt oervos toos ?), it may be inferred that the prejudice was of Ua-
lian rather than Barbaric cxtradion.

(56) Quia inccrti fumus de judicio dci\ et multos audivimus per pog-
Bam fine juftS canfS fnani caufam perdere. Sed propter confoetttdinenL
frentem noftram Longobardorum legem impiam vetare oon poifumas.
See p. 74. N* ^5. of the l^ws of Luitprand, promalgated A. D.
724.

OF THE ROMAN EMPIRE. 143

fair intervals of peace, order, and domeftic hap-
pinefs; and the Italians enjoyed a milder and
more equitable government, than any of the other
kingdoms which had been founded on the ruins
of the Weftem Empire (57).

Amidil the arms of the Lombards, and under Mifciyof
the defpotifm of the Greeks, we again enquire **'*^*
into the fate of Rome (58), which had reached,
about the clofe of the fixth century, the loweft
period of her depreflion. By the removal of the
feat of empire, and the fucceffive lofs . of the pro-
vinces, the fources of public and private .opulence
were exhaufted ; the lofty tree, under whole (hade
the nations of the earth had repofed, was deprived
of its leaves and branches, and the faplefs trunk
was left to wither on the ground. The minif-
ters of command, and the meffengers of vidlory,
no longer met on the Appian or Flaminian way ;
and the hoftile approach of the Lombards was
often felt and continually feared. The inhabit^
ants of a potent and peaceful capital, who vifit
without an anxious thought the garden of the ad-
jacent country, will faintly pidture in their fancy
the diftrefs of the Romans : they (hut or opened
riieir gates with a trembling hand, beheld from
the wails the flames of their houfes, and heard
the lamentations of their brethren who were cou-
pled together like dogs, and dragged away into
diftant flavery beyond the fea and the mountains.
Such inceflant alarms mud annihilate the plea--

fures

(57) Read the hlftory of Paul Warnefrid 5 particularly I. fii. c. 16.
Baronius rejects the prau'e, which appears to contradict the inveiSttves,
of pope Gregory the Great \ but Muratori (Annali dUtalia, toin. v. p.
217.) prefumcfi to iciinuate that the faint may have magnified the faults
•f Arians and enemiee.

($8) The pafTagcsof the homilies of Gregory, which reprefent the
mii'erable llate of the city and* country, are tranfcribed in the Aonalt
of Baronius, A. D. 590. N» i€. A. D. 55$. N» a, fiec. &c,

144 THE DECLINE AND FALL

fures and interrupt the labours of a rural life ; and
the Campagna of Rome was fpeedily reduced to
the ftate of a dreary wildernefs, in which the land
is barren, the waters are impure, and the air is
infedlious. Cariofity and ambition no lon-
ger attracted the nations to the capital of the
world : but if chance or neceffity directed the
fteps of a wandering ftranger, he contemplated
with horror the vacancy and folitude of the city,
and might be tempted to a(fc, where is the fe-
nate, and where are the people. In a feafon of
exceflive rains, the Tyber fwelled above its
banks, and rulhed with irrefiftible violence into
the vallies of the feven hills. A peftilential dif-
eafe arofe from the ftagnation of the deluge, and
fo rapid was the contagion, that fourfcore perfons
expired in an hour in the midft of a folemn pro-
ceffion, which implored the mercy of heaven (sg)^
' A fociety in which marriage is encouraged and
induftry prevails, foon repairs the accidental
lofles of peftilence and war : but as the far great-
er part of the Romans was condemned to hope-
lefs indigence and celibacy, the depopulation was
conftant and vilible, and the gloomy enthufiafts
might expedt the approaching failure of the hu-
man race (60). Yet the number of citizens ftill
exceeded the meafure of fubfiftence : their preca-
rious food was fupplied from the harvefts of Si-
cily or Egypt i and the frequent repetition of fa-
mine

(59) The inundation and plague were reported by a deacon^ whom
his bifhop, Gregory of Tours, had difpatched to RoRie for fome relks.
The ingenious metienger embelliflied his tale and the river with a great
dragon and a train of bttle fcrpents (Greg. Turon. I. x. c. i.).

(60) Gregory of Rome (Dialog. I. ii. c. 15.) relates a memortble
predi«Stion of St. Benedia. Roma a Gentilibus non extcrminabitur fed
tempeftatibus, corufcfs turbinibus ac terra motd in femctipfa marcefcet.
Such a prophecy melts into true hiftory, and becomes the evidence of
the faA after which it was invented.

OF THE ROMAN EMPIRE. 145

mine betrays the inattention of the emperor to a
diftant province. The edifices ot Rome were
expofed to the fame ruin and d'^cay : the mould-
ering fabrics were eafily overthrown by inunda-
tions, tempefts, and earthquakes, and the monks,
who had occupied the moll advantageous ftations,
exulted in the bafe triumph over the ruins of an-
tiquity (61). It is commonly believed, that pope
Gregory the firft attacked the temples and muti-
lated the ftatues of the city ; that, by the com-
mand of the Barbarian, the Palatine library was
reduced to afties, and that the hiftory of Livy was
the peculiar mark' of his abfurd and mifchievous
fanaticifm. The writings of Gregory himfelf re-,
veal his implacable averhon to the monuments of
claflic genius; and he points his fevertft cenfure
againft the profane learning of a bifliop, who
taught the art of grammar, ftudied the Latin
poets, and pronounced with the fame voice the
praifes of Jupiter, and thofe of Chrift. But the
evidence of his deftruAive rage is doubtful and
recent: the Temple of Peace, or the theatre of
Marcellus, have been demolilhed by the flow
operation of ages, and a formal profcription would
have multiplied the copies of Virgil and Livy in
the countries which were not fubjed to the eccle-
fiaftical didlator (62).

Like Thebes, or Babylon, or Carthage, the ThetomiM
name of Rome might have been erazed from the of'lhc^liK-

VoL. VUL L earth; tic

(6\ ) Quia la nno fe ore com Jovis Uudibns, Chrifti Itndes non capi-
nnt, ct quam grave nefandumque fit epifcopis canerc quod ncc laico rc-
iigiofo convciuat, ipft confidera (L ix. cp. 4, ). The writings of Grego-
ry himfelf atteft his innocence of any claflic tafte or literature.

(6%) Bayle (Diaionnaire Critique, ^om. ii. p. $98, $99.), in a very
good article of Gregnrt I. has quoted, for the ^uildicgs and ftatues^
Platina in Gregorio I.; for the Palatine library, John of Salifbury (de
Nugis Curialium, 1. n, c. %6.)\ and for Livy, Antoainos of FJorcnce \
the oldcft of the three lived in the xii^^ cenfcury.

146 THE DECLINE AND FALL

earth; if the city had not been animated by a
vital principle, which again reftored her to ho-
nour and dominion. A vague tradition was em-
• braced, that two Jewifli teachers, a tent- maker,
and a filherman, had formerly been executed in
the circus of Nero, and at the end of five hundred
years their genuine or fictitious relics were adored
as the Palladium of Chriftian Rome. The pil-
grims of the Eaft and Weft reforted to the holy
threftiold ; but the fhrines of the apoftles were
guarded by miracles and invifible terrors ; and
it was not without fear that the pious Catholic
approached the objedl of his wor/hip. It was
fatal to touch, it was dangerous to behold, the
bodies of the faints •, and thofe who from thepu-
reft motives prefumed to difturb the repofe of the
fanduary, were affrighted by vifions, or punifhed
with fudden death. The unreafonable requeft
of an emprefs, who wilhed to deprive the Ro-
mans of their facred treafure, the head of St.
Paul, was rejefted with the deepeft abhorrence ;
and the pope aflerted, moft probablywith truth,
that a linen which had been fanftified in the
neighbourhood of his body, or the filings of his
chain, which it was fometimes eafy and fome-
times impoffible to obtain, pofleffed an equal de-
gree of miraculous virtue (63). But the power as
well as virtue of the apoftles refided with living
energy in the breaft of .their fucceflTors ; and the
chair of St. Peter was 'filled under the reign of

Maurice

(^3) Grcgor. I. iii. cpift. 14. indla. la, Sec From the Epiftlcs of
Gregory, and the viii*^ volume of the Annals of Baronius, the pious
reader may collect the particles of holy iron which were infertcd in keys
or croflesof gold, 9nd diflributed in Britain, Gaul, Spain, Africa,
Conftantihople, and Egypt. The pontifical fmith who handled the file
mull have underftood the miracles which it was in his own power to ope-
rate or with-hold : a circumftance which abates the fupcrftition of Gic-
gory, at the expcacc of his veracity.

OF THE ROMAN EMPIRE- 147

Maurice by the firft and greateft of the name of ^irth and
Gregory (64). His grandfather Felix had hinvcrlgfrT**
felf been pope, and as the bifhops were already the Roman.
bound by the law of celibacy, his cbniecration
mull have been preceded by the death of his wife.
The parents of Gregory, Salvia, and Gordian,
were the nobleft of the fenate and thfe moft pious •
of the church of Rome ; his female relation^ wefe
numbered ^mong the faints and virgins ; and his
own figure with thofe of his father and mother
were reprefented near three hundred years in a
family portrait (65), which he offered to the mo-
nailery of St. Andrew. The defign and colour-
ing of this pidlure afford an honourable teftimo-
ny, that the art of painting was cultivated by
the Italians of the fixth century ; but the moft
abje<ft ideas muft be entertained of their tafte and
leaping, fince the epiftles of Gregory, his fer-
md>ns, and his dialogues, are the work of a man
who was fecond in erudition to none of his con-
temporaries (66) : his birth and. abilities had raifed
La him

(^4) BcfidcRthe Epiftles of Gregory himfclf, which arc methodiTcd
by bupin (Bibliothcque Ecclcf. torn. v. p. 103— iz6.)» wc have three
Jivcaof the pope; the two firft written in theviii*?»,and ix*** centuries (de
Triplici Vita St. Cicg. Preface to the iv**» volume of the Benedidlint
edition) by the deacons Paul (p. i— 18.) and John (p. 19— -188.), »nd
containing much original, though doubtful, evidence ; the third, a
l©ng and laboured compilation by the Bcncdiftinc editors (p. \^sr^
305.)- The Annals of Baronius are a copious but partial hiftory. His
papal prejudices arc tempered by the good fcnfe of Fleury (Hi ft. Ec-
clef. torn. viii. ), and his chronology has been rectified by the criticifm
of Pagi and Muratori.

{^S ) i^^ ^^^ deacon has defcribed them like an eye-witnefs (1. ir. c
83, 84.) j and his defcription is illuftrated by Angelo Rocca, a Roman
antiquary (St. Greg. Opera, torn. iv. p. 31a — 316.), who obferves,
that fome mofaics of the popes of the vii«»» century are ftill preferved '
in the old churches of Rome (p. ^^l'-'^^^). The fame walls which
reprefented Gregory's family are now decorated with the martyrdom of
St. Andrew, the noble conteft of Dominichino and Guido.

(66) Difciplinis vero liberalibus, hoc eft grammaticS, rhetoricS, dia-
leaica, ita a pucro eft inftitutus, ut quamvis «o tempore florcrcnt ad-

148 THE DECLINE AND FALL

bim to the office of praefedt of the city, and he
enjoyed the merit of renouncing the pomp and
vanities of this world. His ample patrimony
was dedicated to the foundation of feven mona-
fteries (67), one in Rome (68), and fix in Sicily ;
and it was the wifti of Gregory that he might be
unknown in this life, and glorious only in the next.
Yet his devotion, and it might be fmcere, pur-
fued the path which would have been chofen by
a cfafty and ambitious ftatefman, The talents
of Gregory, and the fplendour which accompa*
nied his retreat, rendered him dear and ufeful to
the church ; and implicit obedience has been al-
ways inculcated as the firft duty of a monk. As
foon as he had received the charafter of deacon,
Gregory was fent to refide at the Byzantine court,
the nuncio or minifter of the apoftolic fee ; and
he boldly aflumed, in the name of St. Peter, a
tone of independent dignity, which would have
been criminal and dangerous in the moft illuftri-
ous layman of the empire. He returned to
Rome with a juft encreafe of reputation, and af-
ter a fliort exercife of the monaftic virtues, he
was dragged from the cloyfter to the papal throne,
by the unanimous voice of the clergy, the fe-

nate,

huf: Romoc ftudia literarnni, tAmen niiUi is urbe ?prft recondas putareenr,
Paul. Diacoo. in Vit. S. Greg. c. 2.

(67) The Bcncdiftincs (Vit. Greg. 1. 1. p. log — ao8.) labour to re
fluce the monafteries of Gregory within the rule of their own order;
but as the qaeftion is confcfTcd to be dovbcfal, it is clear that thcfe
powerful monks are in the wrong. See Butler's Lives of the Saints,
vol. iii. p. 145*; a work of merit ; the fenfe and learning belong to
the authorv^his prejudices are. thofe of his profeflion.

(68) Monaderium Gregorianum in ejufdem Beati Gregorii xdibns ad
clivum Scauri prope eccldiam S. S. Johannis et Pauli in honorem St,
Andrese (John, in Vit. Greg. I. i. c. 6. Greg. 1. vii. epift. 13.). This
hoafe and monaftery were iituate on the Irde of the CxKan hill which
fronts the Palatine : they are now occupied by the Camaldoli ; San
Cregorio triumphs, and St. Andrew has retired to t fmall chapel.
Kardini, Roma Antica. I* iii. c. tf. p, lOO. Dcfcrizzioae di Roma,
torn . i. p. 440-^446.

OF THE ROMAN EMPIRE, 14,

nate, and the people. He alone refifted, or fecm*
ed to refift, his own elevation j^ and his humble
petition, that Maurice would be pleafed to rejedt
the chcMce of the Romans^ could only fcrve to
exalt his character in the eyes of the emperor and
the public. When the fatal mandate was pro^
claimed, Gregory folicited the aid of fome
friendly merchants to convey him in a balket
beyond the gates of Rome, and modeftly con-r
cealed himfelf fcfme days among the woods and
mountains, till his retreat was difeovered, as it is
faid, by a celeftial light.

The pontificate of Gregory the Greai^ which Pontificate
lafted thirteen years fix months and ten days, thc^crw?
is one of the moft edifying periods of the hiftory or Pirft,
of the church. His virtues, anjd even his faults, pcbl^s.^^
a Angular mixture of fimplicity and cunning, of a. d. 604,
pride and humility, of fenfe and fuperftition, ^*^^ **•
were happily fuited to his ftation and to the tem-
per of the times. In his rival, the patriarch of
Conftantinople, he condemned the Anti-chriftian
title of univerfal bilhop, which the fucceflbr of
St. Peter was too haughty to concede, and too
feeble toaflume; and the.ecclefiaftical jurifdic- ^^p>"*««'
tion of Gregory was confined to the triple cha- ^ ^*
rafter of bi(hop of Rome, primate of Italy, and
apoftle of the Weft. He frequently afcended
the pulpit, and kindled, by his rude though pa-
thetic eloquence, the congenial paflions of his
audience : the language of the Jewifti prophets
was interpreted and applied, and the minds of a
people, deprefled by their prefent calamities,
were direded to the hopes and fears of the invi-
fible world. His precepts and example defined
the model of the Roman liturgy C69) ; the dif-

tribution

(69) The 'Lord*s prayer coniifts of. half .« dozen lines: the Sacra*
mcatarios and Antiphonarius of Gregory fill SSoioiio pages. 4^m. iii.

P.

I50 THE DECLINE AND FALL

tribution of the parifhes, the calendar of fefti-
vals, the order of proceflions, the fervice of the
priefts and deacons, the variety and change of
facerdotal garments. Till the laft days of
his life, he officiated in the canon of the mafs,
which continued above three hours ; the Grego-
rian chant (70) has preferved the vocal and in-
ftrumental mufic of the theatre, and the rough
voices of the Barbarians attempted to imitate the
melody of the Roman fchool (71); Experience
had (hewn him the efficacy of thefe folemn and
pompous rites, to foothe the diftrefs, to confirm
the feith, to mitigate the fiercenefs, and to difpel
the dark enthufiafm of the vulgar, and he readi-
ly forgave their tendency to promote the reign
of priefthood and fuperftition. The bilhops of
Italy and the adjacent iflands acknowledged the
Roman pontiff as their fpecial metropolitan.
» Even the exiftence, the union, or the tranflation
of epifcopal feats, was decided by his abfolute
difcrction: and his fuccefsful inroads into the
provinces of Greece, of Spain, and of Gaul,
might countenance the more lofty pretenfions of
fucceeding popes. He interpoled to prevent the

abufes

p. 1. p. T-*88d.) ; yetthefc only eonftituCe a part of the Ordo Ramamuty
V'hich Mabillon has illuftrated md Fleury has abridged (Hill. Ec-
clcf. torn. viii. p. 139 — 1$2.).

(70) I learn from the Abbe Dubos (Reflexions fur la Poefic ct la
Pcinture, torn. iii. p. 174, 175.) that the fimplicity of the Ambrofian
chant was confined to four tnodes^ while the more pcrfed harmony of
the Gregorian comprifed the eight modes or fifteen chords of the an-
cient mufic. He obferyes (p. 33Z.) that the connoiffeurs admire the
preface and many paflTages of the Gregorian office.

(71) John the deacon (in Vit. Grt%. I. ii. c. 71) expreflcs the early
contempt of the ItaHans for Tramontane finging. Alpina fcilicet cor-
pora vocum fuarnm tonitruis altifonc perftrepentia, fulceptte modulati-
Qois dulcedinem propria non rcfultant : quia bibuli gutturis barbara fc-
ritas dnm inflexi nibus ct rcpcrcuflionibus mitem nititur edere cancile-
SAm, natnrali quodam fragore quafi plauflra per gradus confufe fonantia
rigidas voces jaftat, &c. In the time of Charlemagne, the Frank?,
though with fome rcia£lance, adfxritted the judice of the reproach.
Mwatori, Diflcrt. xxw. ^

OF THE ROMAN EMPIRE. 151

abufes of popular eleftions ; his jealous care main*
tained the purity of faith and difciplirie, and the
apoftolic (hepherd afliduoufly watched over the
faith and difcipline of thefubordinate pallors. Un-
der his reign, the Arians of Italy and Spain were re-
conciled to the Catholic church, and the conqueft
of Britain reflects lefs glory on the name of Caefar,
than on that of Gregory the Firft. Inftead of fix le-
gions, forty monks were embarked for that diftant
ifland, and the pontiff lamented the auftere duties
which' forbade him to partake the perils of their
fpiritual warfare. In lefs than two years he could
announce to the archbifhop of Alexandria, that
they had baptized the king of Kent with ten ^,
thoufand of his Anglo-Saxons, and that the Ro-»
man miflionaries, like thofe of the primitive
church, were arnied only with fpiritual and luper-
natural powers. The credulity or the prudence
of Gregory was always difpofed to confirm the
truths of religion by the evidence of ghofts, mi-^
racles, and refurredionsCyz), and pofterity has
paid to his memory the fame tribute, which he
freely granted to the virtue of his own or the pre-
ceding generation. The coeleftial honours have
been liberally beftowed by the authority of the
popes, but Gregory is the laft of their own or-,
der whom they, have prefumed to infcribe in the
calendar of faints.

Their temporal power infcnfibly arofe from and fempo-
the calamities of the times : and the Roman bi- ^^^^"7'"^''"
Ihops, who have deluged Europe and Afia with
blood, were compelled to reign as the minifters
of charity and peace, I. The church pf Rome,

as

(72) A French cri tic" ( P^etrus Guffanvillus, Opera, tonj. u. p. 105-—
1 12.) has vindicated the right of Gregary to the entire nonfcnfc of the.
Dialogues. Dupin (torn. v. p. 138.) does not think that any one will
vouch for the truth of all thcfe miracles; I fliould like to know hota
manf of them he believed himfeif.

iSz THE DECLINE AND FALL

as it has been formerly obferved; was endowed
with ample poffcffions in Italy, Sicily, and the
more diflant provinces ; and her agents, who
were commonl\ fub-deacons, had acquired a ci-
vil, and even criminal, jurifdidlion over their te-
nants and hulbandmen. The fucceffpr of St.

iiiseftates, Petcr adminiftered his patrimony with the tem-
per of a vigilant and moderate landlord (73);
and the epiftles of Gregory are filled with falu-
tary inftruilions to abftain from doubtftil or vex-
atious law-fuits; to preferve the integrity of
weights and meafures; to grant every rcafonable
delay, and to reduc the capitation of the flaves
of the glebe, who pui chafed the right of marri-
age by the payment of an arbitrary fine (74).
The rent or the produce of thefe eftates was
tranfported to the mouth of the Tyber, at the
rilk and expence of the pope : in the ufe of
wealth, he adted like a faithful fteward of the
church and the poor, and liberally applied to
their wants, the inexhauftible refources of abfti-
nence and order. The voluminous accounts of
his receipts and difburfements was kept above
three hundred years in the Lateran, as the model
of Chriftian oeconomy. On the four great fef-

ftndaims. tivals, he divided their quarterly allowance to the
clergy, to his domeftics, to the monafteries,
the churches, the places of burial, the alms-

houfesy

(73)Baromo8 isDnwiJIing to elcpatiate on the care of the patrimo-
Bics, left he (honid betray that they confi(lcd n'-t of kingdoms hnt farwu.
The French writers, the Bcncdiftine Cv^itors (torn, iv/' I. iii. p. 471,
&c.), and Fi'eury (torn, yiiu p. a^, &c.), are not «fraid of enteriog
Jnto thefe humble, though urcful, details ; and the humanity of FJeury
dwells on the fecial virtues of Gregory.

(74) I much fufpe£t that this pecuniary fine on the marriage of vtU
iains produced the famous, and often fabulous, right, de emijagt, de
mtarfuette^ &c« With the confent of her huiband, an handfome bride
might commute the payment in the arms of a young landlord, and the
mutual favour might afford a precedent of local rather than legal tyran*
»y.

OF THE ROMAN EMPIRE. 153

houfes, and the hofpitals of Rome, and the reft
of the diocefe. On the firft day of every months
he diftributed to the poor, according to the feafon,
their ftated portion of corn, wine, cheefe, vege-
tables, oil, fifli, frefh provifions, clothes, and
money ; and his treafurers were continually fum-
moned to fatisfy, in his nan\e, the extraordinary
demands of indigence and merit. The inftant
diftrefs of the fick and helplefs, of ftrangers and
pilgrims, was relieved by the bounty of each day,
and of every hour ; nor would the pontiff in-
dulge hlmfelf in a frugal repaft, till he had fent
the diflies from his own table to fome objects de-
ferving of his compaifion. The mifery of the
times had reduced the nobles and matrons of
Rome to accept, without a blufli, the benevo-
lence of the church : three" thoufand virgins re-
ceived their food and raiment from the hand of
their benefadlor ; and many bilhops of Italy
cfcaped from the Barbarians to the hofpitable
threfhold of the Vatican. Gregory might juflly
be ftyled the Father of his Country ; and fuch
was the extreme fenfibility of his confcience,
that, for the death of a beggar who had periflied
iH the ftreets, he interdidled himfelf during fevc-
ral^d^ys from the exercife of facerdotal func-
tions. 11. The misfortunes of Rome involved
the apoftolical paftor in the bufinefs of peace and
war ; and it might be doubtful to himfelf, whe-
ther piety or ambition prompted him to fupply
the place of his abfent fovereign. Gregory
awakened the emperor from a long flumber, ex-
pofed the guilt or incapacity of the exarch and
his inferior minifters, complained that the vete-
rans were withdrawn from Rome for the defence
of Spoleto, encouraged the Italians to guard

their

154 THE DECLINE AND FALL

their chies and altars ; and condefcended, in the
crifis of danger, to name the tribunes, and to
direft the operations of the provincial troops.
But the martial fpirit of the pope was checked
by the fcruples of humanity and religion : the
impofition of tribute, though it was employed
in the Italian war, he freely condemned as
odious and oppreffive ; whilft he prote Aed againft
the Imperial edifts, the pious cowardice of the
foldiers who deferted a military for a monaftic life.
If we may credit his own declarations, it would
have been eafy for Gregory to exterminate the
Lombards by their domeftic faftions, without
leaving a king, a duke, or a count, to fave that
unfortunate nation from the vengeance of their
foes. As a Chriftian bifhop, he preferred the
falutary offices of peace ; his mediation ap-
peafed the tumult of arms ; but he was too
confcious of the arts of the Greeks, and the paf-^
lions of the Lombards, to engage his facred pro-;
mife for the obfervance of the truce. Difap-
pointed in the hope of a general and lafting
treaty, he prefumed to fave his country without
the confent of the emperor or the exarch. The
fword of the enemy was fufpended over Rome ;
it was averted by the mild eloquence and fea-
ibnable gifts of the pontiff, who commanded,
the refped of heretics and Barbarians. The
^ . merits of Gregory were treated by the Byzantine
•iirV^ " court with reproach and infult ; but in the at-
Rome. tachment of a grateful people, he found the pur-
eft reward of a citizen, and the beft right of a
fovereign (75).

(75) The temporal reign of Gregory I. is ably expofed by Sigomus
lAthefird book, de Regno Italie, See his works, torn. ii. p. 44*— 7$.

CHAP

OF THE ROMAN EMPIRE. 155

CHAP- XLVL

Revolutions of Perjta after the Death of Chjofroes
or Nufliirvan. — His Son Hormouz^ a Tyrant^ is
depoJed^-'-rUfurpation of Baharam, — Flight and^
Jle/ioration of Chofroes II. His Gratitude to the
Romans. — ihe Chagan of the' Avars. — Revolt of
the Army againji Maurice. — His Death. — Ty-
ranny of Phocas. — Elevation of Heraclius. — The
Perfian war. — Chofroes fubdues Syria^ Egypt^
and AJia Minor. ^^Siege of Conjiantinople by the
Perfians and Avars. — Perjian Expeditions. — Fie-
tories and Triumph of Heraclius.

JL HE conflia of Rome and Perfia >Yas pro-contcftof
longed from the death of Craffus to the reign of ^°^^***
Heraclius. An experience of feven hundred
years might convince the rival nations of the im-
poflibility of maintaining their conquellg beyond
the fatal limits of the Tigris and Euphrates.
Yet the emulation of Trajan and Julian was
awakened by the trophies of Alexander, and the
fovereigns of Perfia, indulged the ambitious hope.
of reftoring the empire of Cyrus (i). Such ex-
traordinary efforts of power and courage will al-
ways command the attention of pofterity ; but
the events by which the fate of nafions is not
materially changed, leave a faint impreffion on
the page of : hiftory, and the patience of the

reader

(i) M'ffis qni . . . rcpofccrent . . . vctercs Pcrfarnm ac Maccdonum
tcrminos, fcque invafurum pDlfcflTa Cyro ct poft AUxandro, per vaailo-
quentiam «c minas jacicbat. Tacit. Annal. vi. 31. Such was the
}angnage of the Arjacidet : 1 have repeatedly marked the lofty claims
of the SaJ/anians.

155 THE DECLINE AND FALL

reader would be exhaufted by the repetition of
the fame hoftilities^ undertaken without caufe,
profecuted without glory, and tern^inated with-
out efFedt. The arts of negociation, unknown
to the fimple greatnefs of the fenate and the Cat-
fars, were afliduoufly cultivated by the Byzan-
tine princes ; and the memorials of their perpe-
tual embafli.s (z) repeat, with the fame uniform
prolixity, the language of falfehood and decla-
mation^ the ijifolence of the Barbarians^ and the
fervile temper of the tributary Greeks. la-
menting the barren fuperfluity of materials, I
have ftudied to comprefs the narrative of thefe
uninterefting tranfadions : but the juft Nufhir-
van is ftill applauded as the model of Oriental
kings, and the ambition of his grandfon Chofroes
prepared the revolution of the Eaft, which was
fpeedily accomplifhed by the arms and the reli-
gion of the) fucceflTors of Mahomet,
coaqticftof In the ufekfs altercations, that precede and
K^^m j^ftify ^he quarrels of princes, the Greeks and
A. D. 570, the Barbarians accufed each other of violating
^ tlie peace which had been concluded between the

two empires about four years before the death of
Juftinian. The fovereign of Perfia and India
afpired to reduce under his obedience the pro-
vince of Yemen or Arabia (3) Felix, the dlftant
land of myrrh and frankincenfe, which had
efcaped, rather than oppofed, the conquerors of
the Eaft. After the defeat of Abrahah under

the

(z) Sec the embtflies of Menander, cjctriaed And prcfervcd m the
x*^ century by the order of Conftairtine Porphyrogenitus.

(3) The general independence of the Arabs, which cannot be ad-
mitted without many limitations, i» blindly aiTerted ia a feparate dif-
fertation of the authors of the UnTverlal Hiftory, vol. xx; p. r^6-*-^^X)»
A perpetual miracle is fuppofed to have guarded the prophecy in fa-
vour of the pofterity of Ilhmael ; and thefe learned bigots are not
afraid to riik the truth of Chriftianity on thiU frail and flippcry fouudz*
tioa.

OFTHEROMANEMPIRE. 157

the walls of Mecca, the difcord of his fons and
brothers gave an eafy entrance to the Perfians :
they chaced the ftrangers of Abyffinia beyond the
Red Sea ; and a native prince of the Homerites
was reftored to the throne as the vaffal or viceroy
of the great Nufliirvan (4). But the nephew of
Juftinian declared his refolution to avenge the
injuries of his Chriftian ally the prince of Abyf-
finia, as they fuggefted a decent pretence to dif-
continue the annual tributt^ which was poorly
difguifed by the name of penfion. The churches
of Perfarmenia were oppreffed by the intolerant
fpirit of the Magi ; they fecretly invoked the
prote<ftor of the Chriftians, and after the pious
murder of their fatraps, the rebels were avowed
and fupported as the brethren and fubjefts of the
Roman emperon The complaints of Nulhir-
van were difregarded by the Byzantine court ;
Juftin yielded to the importunities of the Turks,
who offered an* alliance againft the common ene-
my ; and the Perfian monarchy was threatened
at the fame inftant by the united forces of Eu-
rope, of /Ethiopia, and of Scythia. At the age
ot fourfcore, the fovereign of the Eaft would
perhaps have- chofen the peaceful enjoyment of
his glory and greatnefs : but as foon as war be-
came inevitable, he took the field with the ala-^'J^^^
crity of youth, whilft the aggreffor trembled in Romans,
the palace of Conftantinople. Nuihirvan, or^J^' ^^
Chofiroes, condufted in perfon the fiege of Dara ;
and although diat important fortreis had been

. left

(4) D'Hcrbelot, Biblioth. Orient, p. 477. Pocock, Specimen
Hift. Arabum, p. 64, 65. Father Pagi (Critica, torn. ii. p. ^46.)
has piToved that, after ten years peace, the Periiaii waf, which conti-
nued twenty years, was renewed A. D. 571. Mahomet was bom
A- D. 569, in the year of the elephant, or the defeat of Abrahah
{Cragnier, Vie de Mahomet, torn. i. p. 89, 90, 98.) » *fld thia a«*
count allows two years for the conqueft of Yemen,

158 THE DECLINE AND FALL

left deftitute of troops and magazines, the va-
lour of the inhabitants refifted above five months
the archers, the elephants, and the military en-
gines of the great king. In the mean while his
general Adarman advanced from Babylon, tra-
verfed the deferr, pafled the Euphrates, infulted
the fuburbs of Antioch, reduced to afhes the city
of Apamea, and laid the fpoils of Syria at the
feet of his matter, whofe perfeverance in the
midft of winter at length fubverted the bulwark
of the Eaft. But thefe loffes, which aftonifhed
the provinces and the court, produced a falutary
effect in the repentance and abdication of the
emperor Juftin : a new fpirit arofe in the Byzan-
tine councils; and a truce of three years was ob-
tained by the prudence of Tiberius. That fea-
fonable inteival was employed in the preparations
of war ; and the voice of rumour proclaimed to
the world, that from the diftant countries of the
Alps and the Rhine, from Scythia, Maefia, Pan-
nonia, Illyricum, and Ifauria, the ftrength of the
Imperial cavalry was reinforced with one hundred
and fifty thoufand foldiers. Yet the king of
Perfia, without fear, or without faith, refolved to
prevent the attack of the enemy : again paffed
the Euphrates, and difmiffing the ambaffadors of
Tibrrius, arrogantly commanded them to await
his arrival at Caefarea, the metropolis of the Cap-
padocian provinces. The two armies encoun-
tered each other in the battle of Melitene : the
Barbarians, who darkened the air with a cloud
of arrows, prolonged their line, and extended
their wings acrofs the plain ; while the Romans,
in deep and folid bodies, expedled to prevail in
clofer adtion, by the weight of their fwords and
lances. A Scythian chief, who commanded their
right wing, fuddenly turned the flank of the

enemy,

OF THE ROMAN EMPIRE- 159

enemy, attacked the rear-guard in the prefence
"of Chofroes, penetrated to the midft of the
camp, pillaged the royal tent, profaned the eter*
nalfire, loaded a train of camels with thefpoils
of Afia, cut his way through the Perfian hoft^
and returned with fongs of vidlory to his friends,
who had confumed the day in fingle combats or
inefFedtual flclrmifhes. The darknefs of the
night, and the feparation of the Romans, afford-
ed the Perfian monarch an opportunity of re-
venge ; and one of their camps was fwept away
by a rapid and impetuous affault. But the re-
view of his lofs, and the confcioufnefs of his
danger, determined Chofroes to a fpeedy retreat :
he burnt, in his paffage, the vacant town of Me-
litene, and, without confulting the fafety of his
troops, boldly fwam the Euphrates on the back
of an elephant. After this unfuccefsful campaign^
the want of magazines, and perhaps fome inroad
of the Turks, obliged him to difband or divide
liis forces ; the Romans were left matters of the
field, and their general Juftinian, advancing to
the relief of the Perfarmenian rebels, erected his
ftandard on the banks of the Araxes. The great
Pompey had formerly halted within three days
march of the Cafpian (5) : that inland fea was
explored, for the firft time, by an hoftile,fleet (6),

and

( $) He had vanquiflied the Aibaiuans, who brought into the ficM
12,000 horfe and 60,000 foot ; but he dreaded the. multitude of vene-
mous reptiles, whofe exigence may admit of Ibme doubt, as well a&
that of the neighbouring Amazons. Plutarch, in Pompeio, torn. if.
p. 1165, 1 1 65.

(6) In the hlltory of the world I can only perceive two navies on the
Cafpian : i. Of the Macedonians, when PatrocIcF, the admiral of the
kings o^^ Syria, Seleucus and Antiochus, del'cended moft probably the
rl T Oxup, from the confines of India (Plin Hift. Natur. vi. 21 ).'
a. Of the Ruffians, when Peter the Firft conduced a fleet and army.
from the neighbourhood of Mofcow to the coaft of Pcrfia (Bell's Tra-
vels, vol. ii. p. 345 — 354.)* Hejuftly obfervc"^, that fuch maiti'il
pomp had never been difplayed on the Volga.

i6o THE DECLINE AND FALL

and feventy thoufand captives were tranfplanted
from Hyrcania to the ifle of Cyprus. On the
return of fpring, Juftinian defcended into the
fertile plains of Aflyria, the flames of war ap-
His death, proached the refidence of Nufliirvan, the indig-
A-i>-S79. nam monarch funk into the grave, and his laft
edict reftrained his fucceffors fromexpofing their
perfon in a battle againft the Romans. Yet the
memory of this tranfient affront was loft in the
'glories of a long reign ; andhis formidable ene-
mies, after indulging their dream of conquefl,
again folicited a (hort refpite from the calamities
of war (7).
Tyranny The thronc of Chofroes Nufliirvan was filled
and vices of by Hormouz, or Hormifdas, the eldeft or the
Hor^ouz, *^<^ft favoured of his fons. With the kingdoms
^ D. of Perfia and India, he inherited the reputation
575—550. gj^ example of his father, the fervice, in every
rank, of his wife and valiant officers, and a ge-
neral fyftem of adminiftration, harmonifed by
time and political wifdom to promote the happi-
nefs of the prince and people. But the royal
youth enjoyed a ftill more valuable blefling, the
friendfliip of a fage who had prefided over his
education, and who always preferred the honour
to the intereft .of his pupil, his intereft to his in-
clination.. In a difpute with the Greek and Indi-
an philofophers, Buzurg (8) had once maintained,

that

(7) Porthcfe PcrlTah wars and treatic?, fee Menandcr^^ in Excerpt*
Lcgat. p. 113—125. Theophanes Byzant, apud Photiura, cod. Ixiir.
p. 77I 80, 81. Evagrius, J. v. c. 7 — 15. — ^Thcophylaft, J. in, c.
5J— 16, Agathias, I iv. p. 140.

(8) Buzurg Mihir may be confidered, in his character and ftation,
as the Seneca of the Ea(l ; but his virtues, and perhaps his faoits, are
Jefs known than thofe of the Roman, who appears to have been4nucii
more loquacious. The Perfian fage was the perfon who imported from
India the game of chefs and the fables of Pilpay. Such has been the
fame of his wifdom and virtues, that the Chriftians claim him as a be-
liever in the gofpel ; and the Mahometans revere Buzurg as a prema-
ture Mufulman. D^Hsrbeiot, Bibliotheqne Orientale^ p. 2i8.>

OF THE ROMAN EMPIRE. i6i

that the moil grievous misfortune of life is old
age without the remembrance of virtue ; and our
candour will prefume that the fame principle
compelled him^ during three years, to diredt the
councils of the Perfian empire. His zeal was re*
warded by the gratitude and docility of Hoimouz^
who acknowledged himfelf more indebted to his
preceptor than to his parent : but v/hen age and
labour had impaired the ftrength and perhaps
the faculties of this prudent counfellor, he retired
from court, and abandoned the youthful monarch
to his own pafTions and thofe of hU favourites.
By the fatal viciilitude of human affairs, the fame
fcenes were renewed at Ctefiphon, which had
been exhibited in Rome after the death of Marcus
Antoninus. The miniilers of flattery and cor-
ruption who had been baniflied by the father,
were recalled and cherilhed by the fon ; the dif-
grace and exile of the friends of Nufhirvan eflar
blilhed their tyranny ; and virtue was driven by
degrees from the mind of Hormouz, from his pa*
lace, and from the goviernment of the ftate.
The faithful agents, the eyes and ears of the
king, informed him of the progrefs of diforder,
that the provincial governors flew to their prey
with the fiercenefs of lions and eagles, and that
their rapine and injuflice would teach the moil
loyal of his fubjedts to abhor the name and au-
thority of their fovercign. The fmcerity of this
advice was punilhed with death, the murmurs of
the cities were defpifed, their tumults were
quelled by military execution ; the intermediate .
powers between the throne and the people were
aboliflied ; and the cWldifh vanity of Hormouz,
wflb affedted the daily ufe of the tiara, was fond
of declaring, that he alone would be the judge
VeL.Vm. M as .

i6z THE DECLINE AND FALL

as well as the mailer of his kingdom. In every
word, and in every a£tion, the fon of Nufliirvan
degenerated from the virtues of his father. His
avarice defrauded the troops ; his jealous caprice
degraded the fatraps : the palace, the tribunals,
the waters of the Tigris, were ilained with- the
blood of the innocent, and the tyrant exulted in
the fufFerings and e:»cecution of thirteen thoufand
vidtims. As the excufe of his cruelty, he fomc-
times condefcended to obferve, that the fears of
the Ferfians would be productive of hatred, and
thkt their hatred muft terminate in rebellion -, but
he forgot that his own guilt and folly had in-
ipired the fentiments which he deplored, and
prepared the event which he fo juftly apprehend-
ed. Exafperated by long and hopelefs opprel^
fion, the provinces of Babylon, Sufa, and Car«
mania, eredted the ftandard of revolt ; and the
princes of Arabia, India, and Scythia, refafed
the cuftomary tribute to the unworthy fucceflbr
of Nuftiirvan. The arms of the Romans, in
flow fieges and frequent inroads, aifBided the
frontiers of Mefdpotamia and Aflyria ; one of
their generals profeifed himfelf the difciple of
Scipioy and the foldiers were animated by a mi*
^ raculous image of Chrift, whofe mild afpeift

fliould never have been difplayed in the front of
the battle (9). At the fame time, the eaftem
provinces of Perfia wer« invaded by the great
khan, who paffed the Oxusattheh^d of three
or four hundred- thOufand Turks. The impru-
dent

. {'9) See the imttation of Scipio in Thcophylaft, 1. i. c. xiv* ; the
i'm«ge of Chrift, I. ii. c. 3. Herctftcr I fljgll fpeak more tmpjf of
the Chriftian /W^ri^— 1 had almoft faid iJe/s,' This, if I am aot mif-
taken, is the oWeft uxvp^'tomreq of divme maaufiiaure ; but ia the
acxt thottland years, miny others iiTucd from the fame workOtop.

OF THE ROMAN EMPIRE. 163

dentHormouz accepted their perfidious and for*
midable aid ; the cities of Khorafan or Badriana
were commanded to open their gates ; the march
of the Barbarians towards the mountains of Hyr«
cania, revealed the correfpondence of the Turk*
iih and Roman arms; and their union muft
have fiibverted the throne of the houfe of Saf-
fan.

Perfia had been loft by a king; it was faved Ezpioiu of
by an hero. After his revolt, Varanes or Bah- J"^"**
ram is ftigmatized by the fon of Hormouz as an ' ' **^'
ungrateful flave : the proud and ambiguous re*
proach of defpotifm, fince he was truly defcended
from the ancient princes of Rex (10), one of the
feven families whofe fplendid, as well asfubftan*
tial, prerogatives exalted them above the heads
of the Perfian nobility (11). At the fiege of Dara,
the valour of Bahram was fignalifed under the
eyes of Nulhirvan, and both the father and fon
fucccflively promoted him to the command of
armies, the government of Media, and the fu*
perintendance of the palace. The popular pre*
M z di(^ion

( 10) Rtg^, or Reiy i< mentioaed in tlie apocryphal book of To*
bit at already flourilhing, 700 years before CKrift, under the Aflyriaa
empire. Under the foreign names of Europus and Arfacia, this city, '
500 ftadiA^to the foath of the Cafpian gates^ was fuccefiively embel*
Cihedby the Macedonians and Parthians (Strabo, 1. xi. p. 79^.}* Its
grandeur and popvlonrocfs in the ix*^ century, arc exaggerated beyoo4

the bonndt of credibility ^ but Rei has been iince ruined by wars and
the onwholfomeners of the air. Chardin, Voyage en Perfe, torn. i. p.
279, ft 8c. DUerbelot, Biblioth. Oriental, p. 714.

(11) Theophylaa, 1. iii. c. 18. The ftory of the fevcn Perfiaos ia
told in the third book of He: o Jotus ; and their noble defccndants are of*
ten mentioned, tfpecially in the fragments of Ctefias. Yet the inde*
pcndence of Otanes (Herodot. 1. iii. c. 83, 84.) is hoftile to the fpirift
of defpotifm, and it may not feem probable that the feven familiea
cook! furvive the revolatioos of eleven hundred years. They might
liowever be reprefcnted by the feven minifters(Bri0bn, de Regno Per*
lico, 1, i. p. 190.); and fonic Perfian nobles, like the kings of Fontoa
(Folvb. I. V. p. 540.) andCappftdocia (Di^dor. Sicul. 1. zzxi« torn, ti, pw
$17.}, might cUim their dcfoeai froca the bold compaoioiia of OiU
fiiif.

i64 THE DECLINE AND FALL.

diction which marked him as the deliverer of Per-
fia, might be infpired by his pafl vidories and
extraordinary figure : the epithet Giubin is ex-
prcflive of the quality of dry wood ; he had the
(Irength and ilature of a giant, and his favage
countenance was fancifully compared to that of
a wild cat. While the nation trembled, while
Hormouz difguifed his terror by thpname of fuf-
picion, and his fervants concealed their difloyalty
under the malk of fear, Bahram alone difplayed
his undaunted courage and apparent fidelity :
and as foon as he found that no more than twelve
thou&nd foldiers would follow him againft the
enemy, he prudently declared, that to this fatal
number heaven had referved the honours of the
triumph. The fteep and narrow defcent of the
Pule Rudbar (12) or Hyrcanian rock^ is the on-
ly pafs through which an army can penetrate in-
to the territory of Rei and the plains of Media.
From the commanding heights, a band of relb-
lute men might overwhelm with ftones and darts
the myriads of the Turkifli hoft : their emperor
^, and his fon were tranfpierced with arrows ; and
" the fugitives were left, without counfel ot provi-
sions, to the revenge of an injured people. Tht
.oTp^ttiotifm of the Perfian general was ftimulated
««*^ life affedion for the city of his forefathers ; in
•i^'*ih^i:hour of viftory every peafant became a fol-
«'^^^dief, and every foldier an hero ; and their ardour
i^rwas kindled by the gorgeous fpeftacle of beds,
and thrones, and tables of mafly gold, the fpoils
of Afia, and the luxury of the hoftile camp. A
prince of a lefs malignant temper could not eafily

have

• ( 1 1) See an acctirtte defcription of this mountain by Oleanus ( Voy-
age en Perfe, p. 997, 998. )^ who afcended it with much difficulty ftad
daiJgcr in his return from Iipahan to the Cafpianfea.

OF THE ROMAN EMPIRE, 165

have forgiven his benefaiftor, and the fecret hdi-
tred of Hormouz was envenomed by a malicious
report, that Bahram had privately retained the
moft precious fruits of his Turkifti vidory. But
the approach of a Roman army on the fide of the
Araxes compelled the implacable tyrant to fmilc
and to applaud ; and the toils of fiahram were
rewarded with the permifton of encountering a
new enemy, by their (kill and difcipline more
formidable than a Scythian multitude. Elated
by his recent fuccefs, he difpatcbed an herald with
a bold defiance tp the camp of the Romans, re-
queiting them to fix a day of battle, and to
chufe whether they would pafs, the river them*
felves, or allow a free paffage to the arms . of the
great king. The lieutenant of the emperor IVbii-
rice preferred the fafer alternative, ^nd this local
circunxftanxpe, which would have enhanced the
vidtory of the Perfians, rendered their defeat
more bloody and their efcape more difficult. But
the lofs of his fubjefts^ and the danger of his
kingdom, were overbalanced in the mind of Hon-
mouz by the difgrace of.his perfonal enemy ; and
no fooner had Bahram coUefted and reviewed his
forces, than he received from a royal meffenger
the infulting gift of a diftaff, a fpinning-wheel,
and a complete fuit of female apparel. Obe-
dient to the will of his fovereign, he (hewed
himfelF to the foldiers in this unworthy difguife :
they refented his ignominy and their own; a
fhout of rebellion ran through the ranks^ and the
general accepted their oath of fidelity and vows
of revenge. A fecond meffenger, who had been
commanded to bring the rebel in chains, was
trampled under the feet of an elephant, and ma- Hk rebel-
nifeftos were diligently circulated, exhortitig *'<>n

the

i66 THEDECLINE ANDFALL

the Perfians to affert their freedom againft an
odious and contemptible tyrant. The defcaion
was rapid and univerfal : his loyal (laves were fa-
crificed to the public fury ; the troops deferted to
theflandard of Bahram j and the provinces again
faluted the deliverer of his country.
Hotmoni a As the paffcs were faithfully guarded, Hor-
^^t "^^ <^"'^ o"Jy compute the number of his ene*
raies by the teftimony of a guilty confcience, and
the daily defedtion of thofewho, in the hour of
Ws diftrefs, avenged their wrongs, or forgot
their obligations. He proudly difplayed the cn-
fi^s of royalty J but the citjr and palace of Mo-
dain had already efcaped from the hand of the
tyrant. Among the victims of his cruelty. Bin-
does, a Saflanian prince, had been cafl into a
dungeon: his fetters were broken by the zeal
and courage of a brother ; and he ftood before
the king at the head of thofe truity guards, who
had been chofen as the minifters of his confine-
ment, and perhaps of his death. Alarmed by
the hafty intrufion and bold reproaches of the
captive, Hormouz looked round, but in vain,
for advice or affiftance; difcovered that his
ftrength confifted in the obedience of others,
and patiently yielded to the fingle arm of Bin-
docs, who dragged him from the throne to the
fame dungeon in which he himfelf had been fo
lately confined. At the firft tumult, Ojofroes,
the eldeft of the fons of Hormouz, efcaped from
the city; he was perfuaded to return by the
preffing and friendly invitation of Bindoes, who
promifed to feat him on his father's throne, and
who expeaed to reign under the name of an in-
^enenced youth. In the juft affurance, that
ras accomphces couW neither forgive nor hope

to

OF THE ROMAN EMPIRE. 16^7

to be forgiven^ and that every Perfian might be
trufied as the judge and enemy of the tyrant, he
inftituted a public trial without a precedent and
without a copy in the annals of the Eaft. The
fon of Nulhirvan, who had requefted to plead in*
his own defence, was introduced as a criminal in-
to the fall affembly of the nobksand fatraps <i 3).
He was heard with decent attention as long as IkJ
expatiated on the advantages of order and obe-^
dience, the danger of innovation, and the inevi-
table difcord of thofe who had encouraged cacb
other to trample on their lawful and hereditary
fovereign. By a pathetic appeal to thdir huma-
nity, he extorted that pity which is feldom refufed
to the fallen fortunes of'^a king ; and while they
beheld the abjed pofture and fqualid appearance
of the prifoner, his tears^ his chains, and Aef
marks (tf* ignominious ilripes, it was impoifible
to forget how recently they had adored the divinig
fplendbr of his diadem and purple. But an angry
murmur arofe.in the affembly as foon as he prc^
fumed to vindicate his condudt, and to applaud
the vidories of his reign. He defined the duties
of a king, and the Perfian nobles liflened with at
fmile of contempt ; they were fired with indig-
nation when he dared to vilify the charader of
Chofroes ; and by the indifcreet offer of refighing
the fceptre to the fecond of his fons^ he fubfcribed
his own condemnation, and facrificed the life of
his innocent favourite^ The mangled bodies of
the boy andhis mothec were'cxpof^ tothe peo^
pie; the eyes of Hormouz were pierced with a
hot needle : and the punifliment of the father was

fucceeded

(13) The Orientals fuppofe that Bahran* convened this affembly tn4
IH-ochiimedChofroei; bat Tbeophyka ix, ia this inftsMC, more dif*
tifi^ aa4 credible.

i68 THE DECLINE AND FALL

EJevfttionoffiiQceededby the coronation of hiseldcftfon. Chof^
cmIocs. ^ocs h^^ afcended the throne without guilt, and
his piety ftrove to alleviate the mifery of the ab-
dicated monarch ; from the dungeon he removed
Hprmouz to an apartment of the palace, fupplied
with liberality the confolations of fcnfual enjoy-
ment, and patiently endured the furious fallies
.^-efiiis refentment and defpair. He might defpife
the refentment of a blind and unpopular tyrant,
but the tiara was trembling on his head, till he
could fubvert the power, or acquire the friendffitp
of the great Bahram, who llemly denied the
juflice of a revolution, in which himfelf and his
fcidiers, the true reprcfentatives of Perfia, had
never been confultcd. The offer of a general
amneily, and of the fecond rank in his kingdom,
was anfwered by an epiflle from ^hram firiend
of the gpds, conqueror of men, and eAemy of
tyrants, thefatrapof fatraps, general of the Per-
iian armies, and a prince adomed with the title of
eleven virtues (14.) He commands Chofroes,
the ion of Hormouz, to fhun the^xample and
fate of his father, to confine the traitors who had
been releafed from their chains, to depofit in fome
holy place the diadem which he had ufurped,
and to accept from his gracious benefadlor the
pardon of his faults and the government of a pro*
vincc. The rebel might not be proud, and the
king moft afluredly was not humble ; but the
one was confcious of his flrength, the other was
fenfible of his wcaknefs i and even the modeft

language

{14) See the words of Theophyltft, I. iv. c 7. 3ufmf& ^tXf ru^

Btfcmns tifXI^f tvvttftutff &c. la Jus ^nfwer, Ciiofroes ftilcs himfcJf
Tn;tvurix^Ji^9f0Cfitf»Tm4 v rvf Ar#MK (the genii} fuw0¥ftuf0
This is geaaine OnmiuJ bocn&tll*

OF THE ROMAN EMPIRE. 169

lapguage of his reply ftill left room for treaty and
Ffeconciliktion. Chofrocs led into the field the
flaves of the palace and the populace of the capi-
tal : they beheld with terror the banners of a ve-
teran army ; they were encompaffed and furprifed
by the evolutions of the general ; and the fatraps
who had depofed Hormouz, received the punifli-
ment of their revolt, or expiated their firft trea*
fon by a fecond and more criminal aft of difloy-
alty. The life and liberty of Chofroes Was faved^
but he was reduced to the neceflity of imploring
aid or refuge in fome foreign land ; and the im-
placable Bindoes, anxious to fecure an unqucf-
tionable title, haftily returned to the palace, and Death of
ended, with a bow-fti:ing, the wretched exill- JJ**''^ ^'J*^
ence of the fon of Niifhirvan (15).

While Chofroes difpatched the preparations of chofro«
his retreat, he deliberated with his remaining J^^^^^J*^
friends (16), whether he fliould lurk in the vallies ''™*" '
of Mount Caucafus, or fly to the tents of the *
Turks, or folieit the protection of the emperor.'
The long emulation of the fuceeffors of Artaxerx-
es and Conftantine encreafed his reludance to
appear as a fuppliant in a rival court i but he
weighed the forces of the Romans, and prudent-
ly confidered, that the neighbourhood of Syria
would render his efcape more eafy and their fuc-
cours moreefFeftual. Attended only by his con-
cubines

(15) Theqphyla^^ (I. iv. c. 7.) imptites the death of Hormouz to h?t
fon, by whole command he was beaten to death with clubs. I have
followed the milder account of Khoiuiemtr and Eutychins, «nd (hall
always be content with the flighteft evidence to extenuate the crime of
parricide.

(16) After the battle of Pharfalia, the Pompey of Lucan (I. viii. a $5
*^4S$* ) holds a iimilar debate. He was himfclf deiirous of feeking the
Partiuans ; but his companions abhorred the unnatural alliance ; and
the adverfe pr^udioes might operate as forcibly on Chofroes and his
companions^ who could defcribe, with the fame vehemence, the con*
trail of laws, religion, and manners, between the £aft and Wett

170

THE DECLINE AND FALL

cubines, and a troop of thirty guards, he fecret-
ly departed from the capital, followed the banks
of the Euphrates, traverfed the defert, and halted
at the diftance of ten miles from Circefium.
About the third watch of the night, the Roman
praefedt was informed of his approach, and he
introduced the royal ftranger to the fortrefs at
the dawn of day. From thence the king of Fer-
fia was conduded to the more honourable refi-
dcnce of tlierapolis ; and Maurice diffemble<;i his
pride, and difplayed his benevolence, at the re-
ception of the letters and ambaifadors of the
grandfon of Nuftiirvan. They humbly repre-
fented the viciflitudes of fortune and the common
intereft of princes, exaggerated the ingratitude
of Bahram the agent of the evil principle, and
urged, with fpecious argument, that it was for
the advantage of the Romans themfelves to fup-
port the two monarchies which bakfice the world,
the two great luminaries by whofe falutary in-
* fluence it is vivified and adorned. The anxiety
of Chofroes was foon relieved by the affurance,
that the emperor had efpoufed the caufe of juf-
tice and royalty ; but Maurfce prudently de- .
clined the expence and delay of his ufelefs vifit
to Conftantinoplc. In the name of his generous
benefadlor,^ a rich diadem was prefented to the
fugitive prince with an ineftirnable gift of jewels
and gold ; a powerful army was affembled on
the frontiers of Syria and Armenia, under the
command of the valiant and feithful Naxfes (17),

and

(17) In thi« age there were three warriors of the name of Narjes^
who have been often confounded (Pagi, Critica, torn. H. p. 640.) ;
I. A Perfarmcnian, the brother of Ifmac and Armatiui;, who, after a
raccefsful aAion againft Belifarins, deferted from his Pe^^an fovercign,
and afterwards ferved in the Italian war.-— i. The eunuch who con-
^ered Italy. ^•j. The reftorer of Chofroes, who is celebrated in tha

poem

OFTHEROMAN EMPIRE. 171

and this general, of his own nation, and his own
choice, was directed to pafs the Tigris, j^nd ne-^
ver to (heath his fword, till he had reftored Chof-
roes to the throne of his anccftors. The enter-
prife, however fplendid, was lefs arduous than it
might appear. Perfia had already repented ofHwwtoM,
her fatal rafhnefs, which betrayed the heir of the
houfe of Saffan to the ambition of a rebellious
fubjedt ; and the bold refufal of the Magi to con-
fecrate his ufurpation, compelled Bahram to af- .
fume the fccptre, regardlefsof the laws and pre-
judices of the nation. The palace was foon dif-^
trailed with confpiracy, the city with tumult,
the provinces with infurredtion ; and the cruel
execution of the guilty and the fufpe Aed, ferved
to irritate rather than fubdue the public difcon-
tent. No fooner did the grandfon of Nufliirvan
difplay his own and the Roman banners beyond
the Tigris, than he was joined, each day, by the
increafmg multitudes of the nobility and people;
and as he advanced, he received from every fide
the grateful offerings of the keys of his cities and
the heads of his enemies. As foon as Modain
was freed from the prcfence of the ufurper, the
loyal inhiabitants obeyed the firft fummons of
Mebodes at the head of only two thoufand horfe,
and Chofroes accepted the facred and precious
ornaments of the palace as the pledge of their
truth arid a prefage of his approaching fuccefs.
After thejunftion of the Imperial troops, which
Bahram vainly ftruggled tt) prevent, the contcft
was decided by two battles on the banks of the
Zab, and the confines of Media. The Romans, md fin^i

poem of Corippns (}. iti. no— tty.) is excelfns fiiper omnit vcrtice
agrnint .... habita modeftvs .... mornm probiUtc pltcoiSt vif tntc
vcrcAdas | falmiacos, caotiu, ▼igikas, &C|

17a . THE DECLINE AND FALL

with ^e faithful fubjeds of Perfia, amounted to
fixty thoufand, while the whole force— of the
ufiirper did not exceed forty thoufand men : the
two generals fignalifed their valour and ability^
but the vidtory was finally determined by the pre-
valemre of numbers and difcipline. With the
leEuiant of a broken army^ Bahram fled towards
the caflern provinces of the Qxus : the enmity
of Perfia reconciled him to the Turks ; but his

J^<»f days were fhortened by poifon, perhaps the moft
°* incurable of poifbns j the flings of remorfe and
deipair^ and the bitter remembrance of lofl glo-
ry. Yet the modem Perfians ftill commemo-
rate the exploits of Bahram ; and fome excellent
laws have prolonged the duration of his troubled
and tranfitory reign*

B*(%on|tioa The reftoratipn of Chofroes was celebrated

Sch^ft^s, ^*^^ ^^^^ ^^^ executions j and the mufic of the
A. i>. royal banquet was often diflurbed by the groans

ssj-^oj. of dying or mutilated criminals. A general par-
don might have dkfFufed comfort and tranquillity
through a country which had been fliaken by the
late revolutions ; yet, before the fenguinary tem-
per of Chofroes is blamed, we fliould learn whe-
ther the Perfians had ;iot been accuftoraed either
to dread the rigour, or to defpife the weaknefs,
of their fbvereign. The revolt of Bahram, and
the confpiracy of the fatraps, were impartially
punifbed by the revenge or juftice of the con-
queror ; the rnerits of Bindoes himfelf could not
purify . his hand from the guilt of royal blood i
and the fon of Hormpuz was defirous to aflert his
own. innocence and to vindicate the fandtity of
kings. During the vigour of the Roman power,
feveral princes were feated on the throne of Per-
fia by the arms and the authority of the firft Cae-

fars.

OF THE ROMAN EMPIRE. 173

iars* But their new fubjedls were foon difgufied
with the vices or virtues which they had imbibed
in a foreign land ; the inftability of their domt*
nion gave birth to a vulgar obfervation, that the
choice of Rome was folicited and rejected with
equal ardour by the capricious levity of Oriental
flaves (i 8). But the glory of Maurice was con-
fpicuous in the long and fortunate reign of his fm
and his ally. A band of a thoufand Romans,
who continued to guard the perfon of Chofroes,
proclaimed his confidence ip the fidelity of the
ftrangers ; his growing (Irength enabled him to
difmife this unpopular aid, but he ileadily pro-
fefl*ed the fame gratitude and reverence to his
adopted father ; and tiH the death of Maurice,
the peace and alliance of the two empires were
faithfully maintained. Yet the mercenary friend-
fliip of the Roman, prince had been purchafed
with coftlyand important gifts; the ftrong cities
of Martyropolis and Dara were reftored, and the
Perfarmenians became the willing fubjedts of aa
empire, whofe eaftcm limit was extended, be-
yond the exaftiple of former times, as for as the
banks of the Araxes and the neighbourhood of
the Cafpian. A pious hope was indulged, that
the chujfch as well as thfc (late might triumph in
this revolution: but if Chofroes had fincerciy
liftened to the Qiriftian biftiops, the imprelEon
was erazed by the zeal and eloquence of the Ma-
gi : if he was armed with philofophic* indiffer-
ence, he accommodated his belief, or rather his
profeffions, to the various circumftances of an

exile

(18) Fxperiflicntis cognitntn eft Barbaros raajle Roma pctcre regci
quam habere. Thefe experimenu are admirably reprefented in the ia-
vication and expulfion of Vonoaes ( Annal. ii. 1^-3. }, Tiridates ( Aoaai.
vi. 31— 44*)» ^^ Meherdates(AiuiaI. xi. 10. xii. 10—14.). The eye
of Tacitus feeiQs to have trtofpierccd the camp of the Parthian*
and the walh of the haram.

174 THE DECLINE AND FALL

exile and a fovercign. The imaginary conver-
ilon of the king of Perfia was reduced to a local
and fuperftitious veneration for Sergius (19), one
of the faints of Antioch, who heard his prayers
and appeared to him in dreams ; he enridied the
ihrine with offerings of gold and filver, and as-
cribed to this invifible patron the fuccefs of his
arms, and the pnregnancy of Sira, a devout Chrif-
tian and the beft beloved of his wives (20). The
beauty of Sira, or Schirin (21), her wit, her mu-
fical talents, are ft^l famous in the hiftory, or
rather in the Romances of the Eaft : her own
name is expreffive, in the Perfian tongue, of fweet-
ncfs and grace, and the epithet of Parviz alludes
to the charms of her royal lover • Yet Sira never
fliared the paflion which (he infpired, and the blifs
of Chofroes was tortured by a jealous doubt,
that while he poiTeffed her peribn, fli€ had
beflowed her affections on a meaner favou-
rite (22).

While

(19) Sergios and his companion Bacchttc, who tre faid to have fuf-
fered in the perfccutlon of Maximian, obtained 'divine honour in France,
Italy, Conftantinople, and the Eaft. Their tomb at Rafaphe was fa-
moos for miracles, and that Syrian town acquired the more honourable
nameofSergiopolis. Tillemont, Mem. Ecdef. tom. v. p. 4^1— 4^«
Butler's Saints, vol. x. p. 15$. •

(to) Euagrios (1. vi. c. at.) and Theophylaa (1. v. c. 13, 14.) have
preferved the original letters of Chofroes, written in Greek, figoed
with his own hand, and afterwards infcribed on crofles and tables of gold,
which were depofited in the church of Sergiopolis. They had been
fent to the bUhop of Antioch, as primate of Syria.

(21 ) The Greeks only defer ibe her as a Roman by birth, a Chriftian
by religion ; but (he is reprefented as the daughter of the emperor Mau-
rice in the Perfian and Turkilh romances, which celebrate the love of
Khofrou for Schirin, of Schirin for Ferhad, the moftbeautifvl youth of
the Eaft. D'Herbetot, Biblioth. Orient, p. 789. 997, 998.

(%%) The whole feriei of the tyranny of Hormou2, the revolt of
Bahram, and the flight and reftoration of Chofroes, is related by tw»
contemporary Greeks — more concifely by Evagrius (l.Nri. c id, 17,
18, 19.)— and moft diflfufely by TheophyUa Simocatu (1. iii. c. 6-^
18. 1. iv. c. 1—1 5. L ▼• c. I**1S.) : fttcceeding compilers, Zoaaras

Md

OF THE ROMAN EMPIRE. 175

While the Majefty of the Roman name was P'^^^^i t^^^
revived in the Eaft^ the profped of Europe iSp^vc"of
lefs pleafing and lefs glorious. By the departure *J« <:hagaa
of the Lombards, and the ruin of the Gepidae, v Js.'^a. d.
the balance of power was deftroyed on the Da- sio—^oo^
nube ; and the Avars fpread theirpermanent do-
minion from the foot of the Alps to the fea-ooaft
of the Euxine. The reign of Baian is the bright-
eft aera of their monarchy ; their chagan, who
occupied the fuftic palace of Attila, appears to
have imitated his charader and policy (23) ; biit
as the fa.me fcenes were repeated in a fmaller
circle, a minute reprefentation of the copy would
be devoid of the greatnefs and novelty of the
original. The pride of the fecond Juftin, of
Tiberius, and Maurice, was humbled by a proud
Barbarian, more prompt to inflidt, than expofed
to fufFer, the injuries of war j and as often as
Afia was threatened by the Pcrfian arms, Europe
was oppreffed by the dangerous inroads, or
coftly friendfliip of the Avars. When the Ro-
man envoys approached the prefencc of the cha-

gan,

tnd Cedrentis, cm only tranfcribe and abridge. The Chridlan Arab%
Eutychius (Annal. torn. ii. p. 20a'— zo8.) and Abujpharagius (Dy- .
naft. p. 9^^98.) appear f have confulted fome particular memoirs.
The great Pciliao hiftoriansof the xv*^ ceotary^ Mirkhond and Khon-
demir, are anJy knowa to me by the imperfedl extra£^s of Schikard
(Tarikh. p. 15c— 155.), Texeira, or rather Steven^: (Hlft. of Perfia,
p. 182 — t8g.)y a TurkiAi MS. tranflated by the Abbe Pourmount
(Hift. de 1* Academic dcs Infcriptioos, tom. vii. p. 325 — 334. )» and
d^Herbelot (aux mots, Hcrmomsi. p. 457 — 459. Bahram, p. 174.
Khoi'rott Parvia, p. 99^. ). Were I perfe^ly fatisfied of their autho-
rity, I could wifii thei'e Oriental materials had been more copfous.

(^3) A general idea of the pride and power of the chagan may be
taken from Menander (Excerpt. Legat. p. 117, dec.) and Theophy*
lz€t (I. i. c. 3. 1. vii. c. i^.), whofe eight books are much more
honourable to the Avar than to the Roman prince. The predcccffors
ef Baian had tailed the liberality of Rome, and it furvived the reign
of Maurice (Buat^ Hift. des Peuples Barbares, tom. xi. p. 545.}.
The chagan who invaded Italy A. D. 611 (Muratori, i^nnali, tom.
r. p. 305.) was then juveaili etate florentem (Paul Warnetrid, dc
Geft. Langobard. I, v. c 38.), the fen, perhaps, or the grandfon, of
Baian.

176 THE DECLINE AND FALL

• gan, they were commanded to wait at the door

of his tent, till, at the end perhaps of ten or
twelve days, he condefcended to admit them.
If the fubftance or the ftylc of their mefiage was
ofFenfive to his car, he infulted, with re^l or af-
fe£ted fury, their own dignity, and that of their
prince ; their baggage was plundered, and their
lives were only faved by the promife of a richer
prefent and a more refpedlfiil addrefs. But his
facred ambaifadors enjoyed and abufed an un-
bounded licence in the midft of Conftantinople :
they urged, with importunate clamours, the in-
creafe of tribute, or the reftitution of captives
and deferters ; and the majefty of the empire
was almoft equally degraded by a bafe compli*
ance, or by the falfc and fearful excufes, with
which they eluded fuch infolent demands. The
chagan had never feen an elephant \ and his cu*
riofity was excited by the ftrange, and perhaps
fabulous, portrait of that wonderful animal. At
his command, one of the largeft elephants of
the Imperial ftables was equipped with (lately
caparifons, and condudted by a numerous train
to the royal village in th« plains of Hungary.
He furveyed the enormous beaft wit^j furprife,
with difjajuft, and poflibly with terror ; and fmil-
ed at the vain-induftry of the Romans, who, in
fearch of fuch ufelefs rarities, could explore the
limits of the land and fea. He wilhed, at the
expence of the emperor, to repofe in a golden
bed. . The wealth of Conftantinople, and the
ikilfiil diligence of her artifts, were inftantly de-
voted to the gratification of his caprice ; but
when the work was finiftied, he rejedted with
fcom a prefent fo unworthy the Majefty of a
great king (24)- Thefe were the cafual fallies of

his

(m) Tlieo^hylaa, 1. i. c. 5, tf.

OF THE ROHA.N JEMPIRE- 177

his pride, but the avarice of the chagan wfi? a
more fteady and tradable paflkm.: ^ rich aad
regular fupply of filk apparel,. fLuniture, and
plate, introduced the rudimentsof*art and lux-
ury among the tents of the Scythians ; their ap^
petite was ftimulatcd by the pepper and cinna-
mon of India (25) ; the annual fubfidy or tribute
wasraifed from fourfcore to one hundred and^
twenty thoyfand pieces of gold ; and after each
hoftile intisrruption, the payment of the arrears,
with exorbitant intereft, was always made the
§rfl: condition of the new treaty. In the 'lan-
guage, of a Barbarian, without guile, the prince
of the Avars afFeded. to complain of the infm-
cerity of the Greeks (26), jyet hfe was not irrfc*
rior to tlje moft .civilized nations in the refinements '
of diffimulation and perfidy. As the fitcjceflbr,
of the Lpmbards, the chagan aflerted bisclairn
to the.'irnporrant city of Sirmium, the ancitttt
bulwark of the.^llyrian provinces (27). -.TJie
plains, pf the Lower Hungary were covered wrth
the Avar horfe, and a fleet of lairge bpatsCwas
built in the.Hercynian wood ; to defcend th? Ba-
nube, j^d to tranfbort intathe SaVe thfe mate-
rials oif . a bridge. But ' as the ftrptig garrifon .of
Singidunum, .which commanded the. conflux:
of the two ri'vers^ migltf Haye ftppped thetrpafr
fage and baffled his deftgns,,hc^ drfprfled 'their
Vol. VIII. . N : ■ ; .^apf)ire-;

' (25 ) Even in the'fieldj the thtgaii'deliglitid'in tJic nfc of .tfiere«ro-
tnaiics. He folicited, '^s « gifc,^ lJ^tKet9 xtiovj^uc^f ftod rec«ivH-9r€9rffp«
Kxi ipvXA^y l^J^'^ff Ktt^Mt Tl xMi rov My^fiivov jt^^ty. Thcophylaft,
1. vii. c. 13. ^ The liaiopeans of the ruder agcs^confumcd mort Ibices
in their mdat and drihk than is cortp^vtible With'CHe delicjKjy qf a roo^
dcni p*I*te.. Vic Piiyec 4e8 Fran9ois, Jam. iLp. i6i, idj.

(2^)Tl^e^^Ky|aa,•"i. vT. c. 6, J, Vii. c! 15. ^Thc Creek hifto*
nan coitfcflbs tbfc. truth an4»Jiiftt<!e.(i6 hUiftproagh., "...

. (47) Manande " " ' .- - -^- -

rpribcs thc'pcfj\:^
Icfthis account'
h c, 3. . T« J'' •ffttf MfVMflfm TOT vi^i^etm vet^ii hnypivron.

178 THE DECLINE AND FALL

apprehenfions by a folemn oath, that his views
were not hoftile to the empire. He fwore by his
fword, the fymbol of the God of war, that he
did not, as the enemy of Rome, conftruA a bridge
upon the Save. " If I violate my oath," pur-
fued the intrepid Baian^ " may I myfelf, and the
** laft of my nation, perifti by the fword ! may
•* the heavens, and fire, the deity of the hea-
** vens, fall upon our heads ! may the forefts and
** mountains bury us in their ruins ! and the Save
** returning, againft the laws of nature, to his
*' fource, overwhelm us in his angry waters !"
After this barbarous imprecation, he calmly en-
quired, what oath was moft facred and venerable
among the Chriftians, what guilt of perjury it
was moft dangerous to incur. The bifhop of
Singidunum prefented the gofpel, which the cha-
gan received with devout reverence. ** I fwear,'*
•* faid he, " by the God who bas fpoken in this
** holy book, that I have neither falfehood oa
** my tongue nor treachery ifi my heart." As
foon as he rofe firom his knees, he accelerated
the labour of the bridge, and difpatched an en-
voy to proclaim what he no longer wiftied to
conceal. ** Inform the emperor^" faid the per-
fidious Baian, ** that Sirmium is inverted on
** every fide. Advife his prudence to withdraw
** the citizens and their effedts, and to refign a
** city which it is now impoffible to relieve or de-
•* fend." Without the hope of rejief, the defence
of Sirmium was prolonged above khree years : the
Walls were ftill untouched ; but ^^ine was in-
clofed within the walls, till a mereiftil capitula-
tion allowed the efcape of the naked anii4um-
gry inhabitants. Singidunum, at the diftance
of fifty miles, experienced a more crutl fate ;
the buildings were razed, and the vanquiflied

people

OF THE ROMAN EMPIRE. 179

people was condemned to fervitude and exile.
Yet the ruins of Sirmium are no longer vifible ;
the advantageous fituation of Singidunum foon
attracted a new colony of Sclavonians, and the
conflux of the Save and Danube is ftill guarded by
the fortifications of Belgrade^ or the White City^ fo
often and foobftinately difputed by the Chriftian
and Turkifli arms (28). From Belgrade to the
walls of Conftantinople a line may be meafurcd
of fix hundred miles : that line was marked with
flames and with blood ; the horfes of the Avars
were alternately bathed in the Euxine and the
Adriatic ; and the Roman pontiff, alarmed by
the approach of a more favage enemy (29), was
reduced to cherifli the Lombards as the protec-
tors of Italy. The defpair of a captive, whom
his country refufed to ranfom, difclofed to the
Avars the invention and practice of military en-
gines (30), but in the firft attempts, they were
rudely framed, and awkwardly managed ; and
the refiftance of Diocletiahopolis and Beraea, of
Philippopolis and Adrianople, foon exhaufted the
flcill and patience of the bcfiegers. The war-
fare cf Baian was that of a Tartar, yet his mind
was fufceptible of a humane and generous fenti-
ment: he fpared Anchialus, whofe falutary war
ters had reftored the health of th" beft beloved
of his wives ; and the Romans confefs, that their
N z ftarving

(x8)See d*AnvilIc, in theMemoircsderAcad. deslnfcriptions, torn,
rxviii. p. 41a— -443. The Sclavonic, name t{ 'Belgrade h mtTiixnntd
in the x«**century by Conftantinc Porphyt^^genltus ; the Latin appella-
tion of Alba Grctca is iifcd by the Franks itt the beginning of the ix*^
(p. 4U.)«

(Z9) Baron. Annal. Ecclef. A. D. '6ob. N» i. Pan) Warncfrid
(J. iv. c 3S.) relates their irruption intoFriulij and (c. 39.) the cap-
tivity of his anceftors, about A. D. 632.' Thfc Scl*vi traverfed the
Hadriatic, cummnltitudinentvium/aAd madca defcent in the territory
of Sipontnm (c. 47.)*

(30) Even the helepolis, or moveable turiet. Tbeophylta,
i*ii. i5, t7«

i8o THE DECLINE AND FALL

ftarving army was fed and difmiffed by the libe-
rality of a foe. His empire extended over Hun-
gary, Poland, and Pruffia, from the mouth of
the Danube to that of the Oder (31) ; and his
new fubjedls were divided and tranfplanted by
the jealous policy of the conqueror. (32). The
caftem regions ot Germany, which had been left
vacant by the emigration of the Vandals, were
replenifhed with Sclavonian colonifts ; the fame
tribes are difcovered in the neighbourhppd of the
Adriatic and of the Baltic, and with, the name of
Baian himfelf, the Illyrian citie^ of Neyfs and
Liffa are again found in the heart of Silefia. In
the difpofition both of his troops a^nd provinces,
the chagan expofed the valvals, whofe lives he
difregarded (33), to the firft aflault ; and^ the
fwords of the enemy were blunted before they
encountered tlie native valour of the Av^rs.'
Wars of The Pcrfian alUancjf reftored the.^ropps of the
^ahift^hc ^^^ ^^^^^ d^fen^ce.of Europe; and" Maurice,
Avtfs,^ who had . fupportcd ten years the infolence of
the chagan, declared his refo^ution to march in
perfon againft the Barbarians. In the ipace of
two centuries, none of the fuccelTors of Theodo-
fius had appeared in the field, their lives v/ere fu-
pinely fpent in* the. palace of Conflantinople ;

ij^nd

(31 ) The arms and alliances of the chagan reached to t'hc neighboiir-
-Jiood of a wcftcrn fca, fifteen ifionth*; journey from Ccnftantinople.
The emperor Maurice converi'cd withforoe itinerant harpers from that
remote country, and only feems to have miftaken a trade for a nation.
ThccphyiadV, I. vi. c. a. ' '

(3a) This i6 one of the mod probable and luniinous conjeflures of
the learned count dc Buat (Hift. des Pcuples Barbares, tom. xi. pu 546
*-558.). The Tzechi and Scrbi are found together near mount Cau-
cafufi, in Illyricum, and on tkc Lower Elbe. Even the wildcft tra-
ditions of the Bohcmrans, &c, afford ibme colour to his hypothcfi'T.

(33) See Fredegariu-s ^n ^^^ Hiftorians of France, torn. ji. p. 4.3«.
, Baian did not conceal his prood iofenfibili ty . crt r.otsry; (not rc^j ttgf
ftccordine to a fooliih emendation) t7rec^r,Ti» r,n T^fiuPH^f a'( u nau

A. D

55)5-^04

\

OF THE ROMAN EMPIRE. i8i

and the Greeks could no longer underftand, that
the name of emperor^ in its primitive fenfe, de-
noted the chief of the armies of the republic.
The martial ardour of Maurice was oppofed by
the grave flattery of the fenate, the timid fuper-
ftition of the patriarch, and the tears of the em-
prefs Conftantina ; and they all conjured him to
devolve on fome meaner general the fatigues and
perils of a Scythian campaign. Deaf to their
advice and entreaty, the emperor boldly advan-
ced (34) feven* miles from the capital; thefacred
enfign of the crofs was difplayed in the front,
and Maurice reviewed, with confcious pride, the
arms and numbers of the veterans who had fought
and conquered beyond the Tigris. Anchialus
was the laft term of his progrefs by fea and land ;
he folicited, without fuccefs, a miraculous anfwer
to his nodlurnal prayers ; his mind was con-
founded by the death of a favourite horfe, the
encounter of a wild boar, a ftorm of wind and
rain, and the birth of a monftrous child ; and he
forgot that the bell of omens is, to unfheath our
fword in the defence of our country (35). Un-
der the pretence of receiving the ambalfadors of
Perfia, the emperor returned to Conftantinoplc,
exchanged the thoughts of war for thofe of de-
votioifi, and difappointed the public hope by his
abfence and the choice of his lieutenants. Th6
blind partiality of fraternal love might excufe the
promotion of his brother Peter, who fled with

equal

(34) Seethe march and retnrQ of Maarice, in Theophyla£(, L v.
c. 16. 1. vi. c. i»4,3. If he were a writer of tafte or gcmus, wc
might fafpedi him of aa. elegant, irony : but Theophyla6i. is furciy
harmlefs. , -' , ; ^

(35) '£4$ tut^^q »^tf6f «^vysad»< TTi^i Trarpn^*

Iliad xii. 243.
This noble verfe, which unites the fp-rit of an hero with the reafon of
a fage, may prove tha( Hpoier tvas ip every ]f^ki, fsperior to bit age
and country.

THE DECLINE AND FALL

equal difgrace from the Barbarians, from his own
foldiers, and from the inhabitants of a Roman
city. That city, if we may credit the refem-
blance of name and character, was the famous
Azimuntium (36), which had alone repelled the
tempeft of Attila. The example of her warlike
youth was propagated to fucceeding generations ;
and they obtained, from the firft or the fecond
Juftin, an honourable privilege, that their valour
fliould be always referved for the defence of their
native country. The brother of Maurice at-
tempted to violate this privilege, and to mingle
a patriot band with the mercenaries of his camp ;
they retired to the church, he was not awed by
the fandity of the place ; the people rofe in their
caufe, the g^tes were (hut, the ramparts were
manned ; and the cowardice of Peter was found
equal to his arrogance and injuftice. The mili-
tary fame of Commentiolus (37) is the objed of
fatirc or comedy rather than of ferious hiftory^
fince he was even deficient in the vile and vul-
gar qualification of perfonal courage. His fb-
lemn councils, ftrange evolutions, and fecret or-
ders, always fupplied an apology for flight or de-
lay. If he marched againft the enemy, the
pleafant vdlies of mount Hacmus oppofed an in-
fuperable barrier ; but in his retreat, he explored,
*with f(?arlefs curlofity, the moft difficult and ob-
folete paths, which Jiad almoft efcaped the me-
mory of the oldeft native. The only blood
which he loft was drawn, in a real or afFedled

malady,

(36) Theophylaft, I. vli. c. 3. On the evidence of this fz6t^
which had not occurred to my memory, the ctnd'd reader w!!l corrcft
tnd excufe a note in the vi*^ volume of this hiftory, p. 56. which
haftens the decay of Azimus, or Azimilnttom : another century of pa-
triotifm and valour is cheaply purchafed by fuch a cosfeflion.

(37) See the (hamefttl condu^ of Coramentiofus, ia TkeophyUd,
1. ii. c. io<— 1$. I. vii, c 15, 14. I. vtii. c, a. 4. ■

OF THE ROMAN EMPIRE. 183

malady, by the lancet of a furgcon ; and his
health, which felt with exquifite fenfibility the
approach ot the Barbarians, was uniformly re-
Itored by the repofe and fafety of the winter fea-
fon. A prince who could promote and fupport
this unworthy favourite mull derive no glory
from the accidental merit of his colleague Prif-
cus(38). In five fucceffive battles, which feem
to have been conduded with (kill and refolution,
feventeen thoufand two hundred Barbarians were
made prifoners ! near fixty thoufand, with four
fons of the chagan, were flain : the Roman ge-
neral furprifed a peaceful dillrid of the Gepidae,
who flept under the protedion of the Avars -, and
his laft trophies were erected on the banks of the
Danube and the Teyfs. Since the death of Tra-
jan, the arms of the empire had not penetrated
fo deeply into the old Dacia : yet the fuccefs of
Prifcus was tranfient and barren ; and he was
foon recalled, by the apprehenfion, that Baian,
with dauntlefs fpirit and recruited forces, was
preparing to avenge his defeat under the walls of
Conftantinople (39).

The theory of war was not more familiar to suteof tu
the camps of Caefar and Trajan, than to thofc ^^auu »r.
of Tuftinian and Maurice (40). The iron of""*"
Tufcany or Pontus ftill received the keeneft tem-
per from the Ikill of the Byzantine workmetu

The

!l

(38) Sec the exploits of Prifcus, 1. viii. c. t, 3*
39) The general deUil of the war agtinll the Avtrs, may be
traced in the firft, fecond, iixth, fcventh, and eighth books of ihe
Hiftory of the Emperor Maurice, by Theophyladt Siraocatta. As he
wrote in the reign of Herachus, he had no tempution td flatter ; but
his want of judgment renders him difrnfe in trifles and concife in the
inoft interefting fatSks.

(40) Maurice himfejf Compofed xii books on the military art,
vrhich are iHll extant and have been publiflied (Upfal, 1664) by John
Scheffer at the end of the Tallies of Arriftn (Pabricius, Bibfiot. Grteca^
1. iv. c. $/tom. iii. p. 178. ), who promifes to fpctk more fiUlj of hU
work in its proper place.

i84 THE DECLINE AND FALL

The maguzineswere plentifully ftored with every
fpecies of ojfFenfive and defenfive arms. In the
conftrudlion and ufe of (hips, engines, and for-
tifications, the Barbarians admired the fuperior
ingenuity of a people whom they fo often van-
quifhed in the field. The fcience df tadtics, the
order, evolutions, and ftratagems of antiquity^
was tranfcribed and ftudied in the books of the
Greeks and Romans. But the folitude or dege-
neracy of the provinces could no longer fupply a
race of men to handle thofe weapons, to guard
thefe walls, to navigate thofe fhips, and to re-
.' duce the theory of war into bold and fuccefshil

prddtice. The genius of Belifarius and Narfes
had been formed without a mafter, and expired
without a difciple. Neither honour, nor patri-
otifm, nor generous fuperftition, could aniriiatc
the lifelefs bodies of flaves and ftrangers, who
had fucceeded to the honours of the legions : it
was in the camp aloiie that the emperor ftiould
have* exercifed a defpotic command \ it was only
in the cdmps that his authority was difbbeyed
and infulted : he appeafed anJd inflamed with
gold the licentioufnefs. of the troops ; but their
, . vices were inherent,* their vidlories were acci-
derital, and their coftlym$iintenance exhaufted
'the fubftanc'e of a ftatc which they were* unable
' tbdefend."' After a long and pernicious indul-
gehce, the cure of this inveterate evil was un-
dertaken by ^ Maurice : but -the rafli. attempt,
-which drew deftruftion on his own head, tended
only to aggravate the difeafe. A reformer fhould
be exempt from the fufpicion of intereft, and he
ttuit poffeft the confidence and efteem of thofe
whom he propofes^ to reclaim. The troops of
Maiirice 'might liften to the voice of a vidorious
. ♦leader;

\
\

OF THE ROMAN EMPIRE.

leader; they difdained the admonitions of ftatef- their di\
men and fophifts, and when they received an ^^h \
edidt which dedudled from their pay the price of
their arms and clothing, they execrated the ava-
rice of a prince infenfible of the dangers and fa-
tigues from which he had efcaped. The camps
both of Afia and Europe were agitated with fre-
quent and furious feditions(4i) ; the enraged
foldiers of Edefla purfued, with reproaches, with
tiircats, with wounds, their trembling generals :
they overturned the ftatues of the emperor, call
ftones againft the miraculous image of Chrift,
and either rejeAed the yoke of all civil and mi-
litary laws, or inftituted a dangerous model of
voluntary fubordination. The monarch, always
diftant and often deceived, was incapable of
yielding or perfifting according to the exigence
of the moment. But the fear of a general revolt
mduced him too readily to accept any aft of va-
wur, or any expreffion of loyalty, as an atone*
ment for the popular offence ; the new reform
was aboliflied as haftily as it had been announced,
and the troops, inftead of punifhment and re-
ftraint, were agreeably furprifed by a gracious
proclamation of immunities and rewards. But
the foldiers accepted without gratitude the tardy
and reluftant gift$ of the emperor ; their info-
lence was elated by the difcovery of his weak*
ncfs and their own flrength; and their mutual
hatred was inflamed beyond the defire of for-
givencfs or the hope of reconciliation. The
hiftorians of the times adopt the vulgar fufpi-
cion, that Maurice confpired to deftroy the
troops whom he bad laboured to reform ; the

ri^ifconduct

(41 ) Sec the mutinies under the reign of Maurice, •m-Thc«plryI«6t,
1. iii. c. 1—4. 1. vi. c. 7, 8. 10. 1. vii. c. i, 1. viii. c. 6, dec

186

THE DECLINE AND FALL

and rebel-
lion.

mifconduft and favour of Commentiolus are im-
puted to this malevolent defign ; and every age
muft condemn the inhumanity or avarice (42)
of a prince, who, by the trifling ranfom of fix
thoufand pieces of gold, might have prevented
the maflacre of twelve thoufand prifoners in the
hands of the chagan. In the juft fervour of in-
dignation, an order was fignified to the army of
the Danube, that they fhould fpare the magar
zines of the province, and eftablifti their winter-
quarters in the hoftile country of the Avars. The
meafure of their grievances was full : they pro-
nounced Maurice unworthy to reign, expelled
or flaughtered his faithful adherents, and, under
the command of Phocas, a fimple centurion, re-
turned by hafty marches to the neighbourhood of
iieftionof Conftantinople. After a long feries of legal fuc-
A^D^^tf ceflion, the military diforders of the third centur
oaober.***' ry were again revived ; yet fuch was the novelty
of the enterprife, that the infurgents were awlH
by their own raflinefs. They hefitated to invell:
their fevourite with the vacant purple, and while
they rejcded all treaty with Maurice himfelf,
they held a friendly correfpondence with his fon
Theodofius, and with Germanus the father-in-
law of the royal youth. So obfcure had been the
former condition of Phocas, that the emperor
was ignorant of the name and charadter of his ri-
val : but as foon as he learned, that the centurion,
though bold in fedition, was timid in the face of
danger, ** Alas !'• cried the defponding prince,

u if

(41) TheophyUft and Theophancs fcefn ignorant of the conrpira^y
•nd avarice of Maurice. Thcfc charges,' fo unfavourable to the me-
mory of that emperor, arc firfl mentioned by the author of the Pafchal
Chronicle (p. 379, 380.) ; from whence Zonaras (torn. ii. 1. xiv. p.
77» 7^*) ^** tranfcribed them. Cedreaas (p. 399.} haa foUowed too*
iher compttUtion of the raalbm.

OF THE ROMAN EMPIRE- 187

" if he is a coward, he will furely be a mur-
^ derer."

Yet if Conftantinople had been firm and faith- Revolt of
fill, the murderer might have fpent his fury againft ^o^*"^
the walls ; and the rebel army would have been
gradually confumed or reconciled by the pru-
dence of the emperor. In the games of the cir-
cus, which he repeated with unufual pomp, Mau-
rice difguifed with fmiles of confidence the anxie-
ty of his heart, condefcended to folicit the ap-
plaufe (Xtht faaions^ and flattered their pride by
accepting from their reVpedlive tribunes a lift of
nine hundred blues and fifteen hundred greens^
whom he affected to efteem as the folid pillars
of his throne. Their treacherous or languid fup-
port betrayed his weaknefs and haftened his fall ;
the green fadtion were the fecret accomplices of
the rebels, and the blues recommended lenity and
moderation in a copteft with their Roman bre-
thren. The rigid and parfimonious virtues of
Maurice had long fmce alienated the hearts of his
fubjefts : as he walked barefoot in a religious
proceflion, he was rudely aflaulted with ftones,
and his guards were compelled to prefent their
iron maces iri the defence of his perfon. A fana-
tick monk ran through the ftreets with a drawn
fword, denouncing againft him the wrath and the
fentence of God, and a vile plebeian, who repre-
fented his countenance and apparel, was feated
on an afs, and purfued by the imprecations of the
multitude (43). The emperor fufpedted the po-
pularity

(43) In their clamours tgainft Maurice, the people of Conftantino-
ple branded him with the name of Marcionite or Marcionifl : a herefy
(fays Theo(ihyla£t, 1. vili. c. 9.) fctrtt rn^% fA»^itq tvXufiuetip tvn0ni
n rxt KctrotytXet^o^' Did they only caft out a vague reproach — or had
the emperor really tiftcned 10 foroe obfcurc teacher of thofe tncieac
Gooftics}

i88 THE DECLINE AND FALL

pularity of Germanus with the foldiers and citi-
zens ; he feared, he threatened, but he delayed
to ft r ike ; the patrician fled to the fanftuaiy of
the church ; the people rofe in his defence, the
walls were deferted by the guards, and the law-
lefs city was abandoned to the flames and rapine
of a nofturnal tumult. In afmall baik, the un-
fortunate Maurice, with his wife and nine child-
ren, efcaped to the Afiatic (hore, but the vio-

. lence of the wind compelled him to lapd at the
church of St* Autonomus (44) near Chalcedon,
from whence he difpatched Theodofius, his eld-
eft fon, to implore the gratitude and friendfhip

. of the Peifian monarch. For himfelf, he refufed
to fly: his body was -tortured with fciatic
pains (45), his mind was enfeebled by fuperlti-
tion ; he patiently awaited the event of the revo-
lution, and addrefled a fervent and public pray-
er to the Almighty, that the punifhment of his
fins might be inflifted in this world, rather than
in a future life. After the abdication of Maurice,
the two factions difputed the choice of an empe-
ror ; but the favourite of the blues was rejefted
by the jealoufy of their antagonifts, and Germa-
nus himfelf was hurried along by the crowds, who
ruftied to the.palace of Hebdomon, feven miles
from the city, to adore the majefty of Phocas the

centurion.

(44) The church of St. Autonomus (whom 1 have not the honour
to know) was 1 50 ftadia from Conftantinople(Theophylaa. 1. viii.c. 9.).
The. port^f Eutropiu?, where Maurice and his children were murdered,
is defcribed by Gyllius (dc Bofphoro Thracio, 1. iii. c. 9.) aa one of the
two harbours of Chalcedon.

(45) The iahftbitant»of Conflaiitinople were generally lubjc£l to the
w^« ctp^pnrttig ; and Theophyla£l infmuates (I. viii. c. 9.), that if it

^ were conAftent with the ruJes of h ftory, he could afGgn the medical
caufe. Yet fuch a digreflion would not have been more impertinent
than his enquiry (i, vif. c. 16, 17.) into the annualinundations of the
Kile, and all the opinioos of the Greek philorophersx>n that fubje^*

OF THE ROMAN EMPIRE. 189

centurion. A modeft wifli of refigning the pur-
ple fo the rank and merit of Germanus was op-
pqfed by his refolution, more obftinate and equal-
ly fincere : the fenate and clergy obeyed bis fum-
mons, and as. foon as the patriarch was affured
of his orthodox bdief, he confccrated thefuccefs-
ful yfyrper in the church of St. John the Baptift.
Oa the third* day, amidft tlie acclamations of a
thqyghtlefs people, Phocas made, his public en-
tvf in a chariot drawn by foyr white horfes \ the
revolt of tjie troops was rewarded by a lavilh
donative^, and the' newTovereign, after yifiting
the palace, beheld from his throae the games of
the hippodrome. In a difpute of precedency be-
tween the two fadlions, his partial judgment in-^
dined in favour of the greens. ** Remember
th^t Maurice is ftill alive," refounded from the- ^
oppofitefide ; and the indifcreet clamour of the
blues admoni.fhed and ftimulated the cruelty of
the tyrant. The minifters of death were dif-
patched to Chalcpdon : they dragged the empe-
roc from his fandijiary : and the five fons of Mau-
rice were fucceflively murdered before the eyes
of their agonizing parent. At each iftroke which ^"*^^
he felt in hisheifrt, he found ilrength to rehear fe zrTwT
a pious ejaculation;,, '* Thou art juft, O Lord, children,
*' , and thy judgments are righteous." And fuch, Nov. 17^**
in, the la ft rnoments, was his rigid attachment to
truth and juftice, that he revealed to the foldiers
the ^ pious falfehpod of a nurfe \yho prefented her
own child in the place of a. royal infant (46).
The tragic fcene was finally dofed by the execu-
tion

(45) From this generous attempt, Corncille Ki« deduced the intri-
cate web of hi« tragedy of HeracUuSy which requires more than ont^rb-
prefentatioa to be clearly underftood (Corneille dc Voltaire, torn. v. p.
300.) ; and which, after an interval of fomc years,' is faid to have puz-
zled the Author himfelf (Aiecdote.sDramati^uei, lom.i.p. '42a.).

i.9c> THE DECLINE AND FALL

lion of the emperor himfelf in the twentieth year
of his reign and the fixty-third of his age. The
bodies of the father and his five fons were caft in-
to the fea, their heads were expofed at Conftan-
tinople to the infults or pity of the multitude, and
it was not till fome figns of putrefadlion had ap-
peared, that Phocas connived at the private bu-
lial of thefe venerable remains. In that grave,
the faults and errors of Maurice were kindly in-
terred. His fate alone was remembered ; and at
the end of twenty years, in the recital of the hif-
tory of Theophyla<ft, the mournful tale was
interrupted by the tears of the audience (47).
WiDcascm- Such tcars muft have flowed in fccret, and
a'^d €ot ^^^^ compaflion would have been criminal, un-
Hov. is— Merthe reign of Phocas, who was peaceably ac-
oaSacr 4^' knowledged in the provinces of theEaft arid Weft.
' The images of the emperor and his wife Leontia
were expofed in the Lateran to the veneration of
the clergy and fenate of Rome, and afterwards
depofited in the palace of the Caefars, between
tbofe of Conftantine and Theodofius. As a fub-
jedt and a Chriftian, it was the duty of Gregory
to acquiefce in the eftablilhed government, but
the joyful applaufe with which he falutes the for-
tune of the affaflin, has fullied, with indelible
difgrace, the charafter of the faint. The fuc*
ceflor of the apoftles might have inculcated with
decent firmnefs the guilt of blood, and the necef-
fity of repentance : he is content to celebrate the
deliverance of the people and the fall of the op-
preifor ; to rejoice that the piety and benignity

of

(4.7) The revolt of PhocM tnd cfeatb ©f Maurice are told by Thco-
fhyla£t Slmocatta (L viii. c. 7—1 a.), the Pafchal Chronicle (p. 379^
' 380.), Thcophancs (Chronograph, p. 138— a44.)> 2on»nis (torn, ii. K
21V. p. 77—80*). aad Ccdrcnus (p. 399—404.).

OF THE ROMAN EMPIRE. i^t

of Phocas have been raifed by Providence to the
Imperial throne ; to pray that his hands may be
ftrengthened againft all his enemies ; and to ex-
prefs a wifh, perhaps a prophecy, that, after a
long and triumphant reign, he may be tranf-
ferred from a temporal to an everlafting king-
dom (48). I have already traced the fteps of a
revolution fo pleafing, in Gregory's opinion,
both to heaven and earth ; and Phocas does not
appear Icfs hateful in the exercife than in the ac-
quifition of power. The pencil of an impartial h« ch»rtc-
hilldrian has delineated the portrait of a monf-^«'»
ter (49) ; his diminutive and deformed perfon,
the clofenefs of his ftiaggy eye-brows,his red hair,
his beardlefs chin, and -his cheek disfigured ancj
difcoloured by a formidable fear. Ignorant of
letters, of laws, and even of arms, he indulged
in the fupreme rank a more ample privilege of
luft and drunkennefs, and his brutal plealures
were either iryurious to his fubjeds or difgraceful
to himfelf. Without afliiming the office of a
prince, he renounced the profeflion of a foldier ;
and the reign of Phocas afflifted Europe with ig-
nominious peace, and Afia with defolating war.
His favage temper was inflamed by paffion,
hardened by fear, exafperatec^ by refiftance or
reproach. The flight of Theodofius to the Per-
fian court had been intercepted by a rapid pur-

fuit,,

(48) Gregor. I. xi. cpift. 38.mdra. vi. Benighitatcm vcftrse piett-
tit td Imperiale faftigivm pervenifle g^avdemus. Letentur cali et ex-
vltet terra, ct dc veftria benignis a^tibusuniverfe reipublicae popalut
none isfque vehementer afQi^ns hilarefcat, dec. This bafe flattery,
tlie topic of proteftant inve^ive, is juftly ccnfurcd by the philofophcr
Bftyie (Di£tionaire Critique, Grcgoire 1. Not. H. torn. ii. p. 597^ $98. }•
(Cardinal Baroniusjttftifies the pope at the expence of the falicn empe»
rorv ^ '

' (49) The nnsgea of Phocat were deftroyed ; but even the malice of
hit enemies would fnfferone copy of fach t portrait or ctricatura (Cc*
dreauty p. 404. } to cfcape the flames,

i ;

l^z THE DECLINE AND PAUL

fuit^ or a deceitful meflage : he was beheaded at
Nice, and the laft hours of the young prince
were foothed by the comforts of religion and the
confcioufnefs of innocence. Yet his phantom
difturbed the repofe of the ufurper : a whifper was
circulated through the Eaft, that the fon of Mau-
rice was ftill alive : the people expedled their
avenger, and the widow and daughters of the
. Iat6. emperor would have adopted as their fon
and brother the vileft of mankind. In the maf-
facre of the Imperial family (50), the mercy,, or
rather the difcretion, of Phocas had fpared th^fe
unhappy females, and they were decently con-
fined to a private houfe. But the fpirit of the
emprefs Conftantina, flill mindful of her father,
herhulband, and her fons^ afpired to freedom
and revenge. At the dead of night, (heef-
caped to the fanduary of St. Sophia ; but her
tears, and the gold of her aflbciate Germanug,
were infufRcient to provpke an infurredion-
Her life was forfeited to revenge, *and even to
juftice : but the patriarch bbtained and pledged
an oath for her fafety ; a monaftery was allotted
for her prifon, and the widow of Maurice ac-
cepted and abufed the lenity of his afla(fin. The
diicovery or the fufpicion of a fecond copfpiracy^
diflblved the engagements and rekindled the fu-
ry of Phocas. A matron who commanded th^
refpeft and pity of mankind, the daughter, wife^
and mother of emperors, was tortured like the
vileft malefaftor, to force a confeffion of her de-

figns

($0) The ftmily of Maurice is rcp/efented by Ducange (F)«ini^ii
Byzantins, p. lod, ipj, 108.) : hisV^d^^ Ton Theadofiiu Jhad ti«cA
crowned emperor when he was no more, tj^j^afpuri years and g half oid|
and he is always joined with his father in the falutations of Greg9r^
With the Chriftian daughters, Anaaafi* aftdXhcoaaOc, .1 ain,furwifed
Id find the Pagan name 0/ Cleopatra, . .^ , .»

OF THE ROMAN EMPIRE. 193

figns and affociates j and the emprefs Q^nllan-
tina, with her three innocent daughters, was be-
headed at Chalcedon, on the fame ground which «wJ tyrta.
had been ftained with the blood of her hulband"''
and five (bns. After fuch an example it would
be fuperfluous to enumerate the names and fuf-
ferings of meaner victims. Their condemna-
tion was feldom preceded by the forms of trial,
and their punifliment was embittered by the re-
finements of cruelty : their eyes were pierced,
their tongues were torn from the root, their hands
and feet were amputated ; fome expired under
the lafh, others in the flames, others again were
transfixed with arrows 5 and a fimple fpeedy
death was mercy which they could rarely obtain.
The hippodrome, the facred afylum of the plea-
fures and the liberty of the Romans, was pollu-
ted with heads and limbs, and mangled bodies ;
and the companions of Phocas were the moft fen-
fible that neither his favour, nor their fervices,
could proted them from a tyrant, the worthy, ri-
val of the Caligulas and Domitians of the firft
age of the empire (5 1 ).

A daughter of Phocas, his only child, was gi- Hisfiiiiad
ven in marriage to thepatrician Crifpus (5%\ and A*D*tfio»
the royal images of the bride and bridegroom oaobcp 4.
were indifcreetly placed in the circus, by the fide
of the emperor. The father muft defire that his
pofterity fliould inherit the fmit of his crimes.

Vol. VIII. O but

(51) Some of the cruelties of Phoc«8 tre mtrkedby Theoph|rIaA, I.
viii. c. 13, 14, 15. Gcorgeof Pifidia, the poet of Hertclius, ftileslum
(Bell. Avaricum, p. 4^. Rome, 1777) rns rvftcfuoo^ ^ua-xu$tKr6i
3UU /S<«^^«^«« 0^«ic«y* The buer epithet is Joil— but the corrupter
of life was eafily vanquiihed.

(52) In the writers, and in the copies of thofe writers, there is fuch
heiitation between the name of Prijcus and Criff^t (Dnctnge, Fam.
Bjrzant. p. 1 1 1.), that I have been tempted to identify the ro];^in-kw
of PhocMwith the hero five timet yiaorious over the Avars.

194 THE DECLINE AND FALL

but the monarch was offended by this premature
and popular affociation : the tribunes of the green
fadlion, who accufed the officious error of their
fculptors, were concfemned to inftant death :
their lives were granted to the prayers of theT>eo*
pie ; but Crifpus might reafonably do^bt, whe-
ther a jealous ufurper could forget and pardon
his involuntary competition. The green faclion
was alienated by the ingratitude of Phocas and the
lols of their privileges ; every province of the
empire was ripe for rebellion ; and Heraclius,
exarch of Africa, perfifted above two years in
refufing all tribute and obedience to the centu^
rion who difgraced the throne of Conftantinople.
By the fecret emiffaries of Crifpus and the fenate,
the independant exarch was folicited to fave and
to govern his country ; but his ambition wa^r
chilled by age, and he refigned the dangerous
enterprife to his fon Heraclius, and to Nicetas,
the fon of Gregory his friend and lieutenant.
The powers of Africa were armed by the two ad-
venturous youths ; they agreed that the one
fhould navigate the fleet from Carthage to Con-
llantinople, that the other (hould lead an army
through Egypt and Afia, and that the Imperial
purple (hould be the reward of diligence and fuc-
cefs. A faint rumour of their undertaking was
conveyed to the ears of Phocas, and the wife and
mother of the younger Heraclius were fccured as
• the hoftages of his faith : but the treacherous art
of Crifpus extenuated the diftant peril, the means
of defence were negleded or delayed, and the
tyrnnt fupincly llept till the African navy caft
anchor in the Hellefpont. Their ftandard was
joined at Abydus by the fugitives and exiles who
thirfted for revenge j the (hips of Heraclius, whofe

lofty

OF THE ROMAN EMPIRE. 195

lofty mails were adorned with the holy fymbols
of religion {-53), fleered their triumphant courfe
through theJPropontis ; and Phocas beheld from
the windows of the palace, his approaching and
inevitable fate. The green fadlion was tempted,
by gifts and pfomifes, to oppofe a feeble and
fruitlefs refiftanfce to the landing of the Africans ;
but the people, and even the guards, were de-
terminedlry the well-timed defedlion of Crifpus ;
^nd-the tyrant was feized by a private enemy,
who boldly invaded the folitude of the palace.
Stripped of the diadem and purple, clothed in a
vile habit, and loaded with chains, he was tranf-
ported in a fmall boat to the Imperial galley of
Heraclius, who reproached him with the crimes
of his abominable reign. ** Wilt thou govern
better ?*' were the laft words of the defpair of
Phocas. After fuffering each variety of infult
and torture, his head was fevered from his body,
the mangled trunk was caft into the flames, and
the fame treatment was inflifted on the ftatues
of the vain ufurjDcr and the feditious banners of
the green faction. The voice of the clergy, the
fenate, and the people, invited Heraclius to af-
cend the throne which he had purified from guilt
and ignominy ; after fome graceful hefitation,
be yielded to their entreaties- His coronation Rcign of
was accompanied by that of his wife Eudoxia ; J.^'a 6^0,
and their pofterity, till the fourth generation, o^ober 5--
continucd to reign over the empire of the Eafl. ribnlafy *'
The voyage of Heraclius had been eafy and prof- "•
O 2 perous,

($3) Accoriiiog to Theophanes, xtj^^ruty and uxovet $tc/4.nT6fo(,
Cedrenus adds an x/^Ufo^oitir§9 f<»«f« rv xvfiHy which Heraclius bore
as a banner in the firft Pcrfian expedition. See George Pifid. Acroas I,
140. The manufa£tare feems to have flourilhed^ but Foggini, the
Roman editor (p. ^6.)y is at a lofs to determine whether this pi^ure was
an original or a copy.

196 THE DECLINE AND FALL

perous, the tedious march of Nicetas was not ac*
compliftied before the decifion of the conteft
but he fubmitted without a murmur to the for-
tune of his friend, and his laudable intentions
were rewarded with an equeftrian llatue, and a
daughter of the emperor. It was more difficult
to truft the fidelity of Crifpus, whofe recent fer-
vices were recompenfed by the command of the
Cappadocian army. His arrogance foon pro-
voked, and feemed to cxcufe, the ingratitude of
his new fovcreign. In the prefence of the fenate,
the fon-in-law of Phocas was condemned to em-
brace the monaftic life ; and the fentence was
juftified by the weighty obfervation of Heraclius,
that the man who had betrayed his father, could
never be faithful to his friend (54).
ciiofroct Even after his death the republic was afBifted
invmdcsthe^ b]j^the crimcs of Phocas, which armed with a pi-
^Mnancm-^^^ caufe the moft formidable of her enemies.
A. D. 60s, According to the friendly and unequal forms of
the Byzantine and Perfian courts, he announced
his exaltation to the throne ; and his ambaflador
Lilius, who had prefented him with the heads of
Maurice ^^d his fons, was the beft qualified to
defcrib? the circumftances of the tragic fcene {5$).
However it might be varniftied by fidtion or fo-
phiftry, Chofroes turned with horror from the af-
faffin, imprifoned the pretended envoy, dilclaimed

the

(54) See the tyrann}r of Phocai and the elevation of Heracliuv, ia
Chion. Pafchal. p. 380— .383. Theophane!:, p. 241-^250. Nfcepho-
rus, p. 3 — 7. Cedrenus, p. 404 — 407. Zoaarar. torn. ii. 1. xiv. p.
80 — 82.

(55) Theophvlaa l.vHi. c 15. The life of Maurice was compofed
about the year Di8 (1. viii. c; 13.) by Thcophylaft Sitnocatta, cx-pra:-
fe£ky a native of Egypt. Photiua, who gives an ample extra^ of the
work (cod. Ixv. p. 81 — 200.), gently reproves the afFtftation and alic-
gorv of the ftyle. His preface is a dialogue between Philofophy and
Hiftory; they fcaethemrdves under a plaoe-treei and the latter touchci
her lyre

OF THE ROMAN EMPIRE. 197

the ufurper, and declared himfelf the avenger of his .
father and benefaftor. The fentiments of grief
and refentment which humanity would feel, and
honour would diftate, promoted, on this occa-
fion, the intereft of the Ptrfian king; and
his intereft was powerfully magnified by the
national and religious prejudices of the Magi and
fatraps. In a ftrain of artful adulation, which
afTumed the language of freedom, they prefumed
to cenfure the excefs of his gratitude and friend-
ftiip for the Greeks ; a nation with whom it was
dangerous to conclude either peace or alliance -,
whofe fuperftition was devoid of truth andjuflice,
and who mufl be incapable of any virtue, fmce
they could perpetrate the moft atrocious of crimes,
the impious murder of their fovereign (56). For
the crime of an ambitious centurion, the nation
which he oppreifed was chaftifed with the cala-
mities of war ; and the fame calamities, at the
end of twenty years, were retaliated and redou-
bled on the heads of the Perfians (57). The ge-
neral, who had reltored Chofroes to the throne
ftill commanded in the Eaft ; and the name of
Narfes was the formidable found with which the
Afl'yrian mothers were accuftomed to terrify
their infants. It is not improbable, that a na-
tive fubjed of Perfia fhould encourage his mafter
and his friend to deliver and pofTefs the provinces

of

(^6) Chriftianis ncc pacbam cflc, ncc 6dcm aec fcecjup .... quod
fi ulla illis fides fuifict^ reg:cm fuum non occidjffent. Eutych. An- ^

Bales, torn. ii. p. an. vcrf. Pocock,

(57) We muft now, for fome age?, take our leave of contemporary
hiflorians, and dcfcenJ, if it be a dclccnt, from the affe»aaiion of rhe-
toric to the rude fimplicity of chronicles and abridgmcntfi. Thofe of
TJicophancs (Chronograph, p. 444 — 279. ) and Niccphorus (p. 3 — 1^. )
fupplya regular, but iropcrfc£l, fcrieaof the Perfian war ; and for any
additional fa£ts I quote my fpecial authorities. Theophanes a ccui tier
who became a monk', was born A. D. 748 ; Nicephoru«, patriarch cf
Conftantinople, who died A. D. 829, was fomcwhat younger: they
both fufFered in the caufe of images. Haokiui>> de Scriptoribus By-
zantinis, p. 100— -246.

198 THE DECLINE AND FALL

of Afia. It is ftill more probable, that Chofroes
(hould animate his troops by the afluranc^ that
the fword which they dreaded the moft would
remain in its fcabbard, or be drawn in their favour.
The hero could not depend on the faith of a ty-
rant ; and the tyrant was confcious how little he
deferved the obedience of an hero : Narfes was
removed from his military command ; he reared
an independent Jflandard at Hierapolis in Syria ;
he was betrayed by fallacious promifes, and burnt
alive in the market-place of Conftantinople.
Deprived of the only chief whom they could fear
or efteem, the bands which he had led to victo-
ry were twice broken by the cavalry, trampled
by the elephants, and pierced by the arrows of
the Barbarians ; and a great number of the cap-
tives were beheaded on the field bf battle by the
fentence of the viftor, who might jultly condemn
thefe feditious mercenaries as the authors or ac-
complices of the death of Maurice. Under the
reign of Phocas, the fortifications of Merdin, Da-
ra, Amida, and Edeffa, were fucceirively be-
fieged, reduced, and deftroyed, by the Perfian
Hisconquett monarch ; he pafled the Euphrates, occupied the
a.Id"^! I •^y^^" cities, Hierapolis, Chalcis, and Bcrihaea or
' Aleppo, and foon encompaffed the walls of An-
tioch, with his irrefiftible arms. The rapid tide
of fuccefs difclofes the decay of the empire, the
incapacity of Phocas, and the difafFedion of h Is
fubjedls ; and Chofroes provided a decent apolo-
gy for their (ubmiflion or revolt, by an im-
poftor Y^ho attended his camp as the fon of
Maurice (58) and the lawful heir of the mo-
narchy.

The

(58) The Perfian hiftorians have been themfclvca deceived; bv.t
Tlieophicc: (p. 244.) ace ufcs Chofroes of the fraud and falfch^od ; and

Eutychius

OF THE ROMAN EMPIRE. 199

The firft intelligrnce flom the Eaft which He-
raclius received (59), was that of the lofs of
Anticch \ but the aged metropolis, fo often over-
turned by earthquakes and pillaged by the ene-
my, could fupply but a fmall and languid ftream
of treafure and blood. The Perfians were
equally fuccefsfiil and more fortunate in the fack
of Caefarea, the capital of CapjJadocia ; and as
they advanced beyond the ramparts of the fron-
tier, the boundary of ancient war, they found a
lefs obftinate refiftance and a more plentiful har-
veft. The pleafant vale of Damafcus has been
adorned in every age with a royal city : her ob-
fcure felicity has hitherto efcaped the hittoiian of
the Roman empire ; but Chofroes repofed his
troops in the paradife of Damafcus before he
afcended the hills of Libarius, or invaded the
cities of the Phcenicia,n coaft. The conqueft of ©fPaicftinc,
Jerufalern (60), which had been meditated by ^' ^' ^^^'
Nufhirvan, was atchieved by the zeal and ava-
rice of his grandfon ; the ruin of the proudell
monument of Chriftianity was vehemently urged
by the intolerant fpirit of the Magi ; and he could
inlift for this holy warfare, an army of fix and
twenty thoufand Jews, whofe furious bigotry

might

Eutychltts believes (Anna!, torn. u. p. zii.) that the fon of Maurice,
who was faved from - the afTafrins, lived and died a monk on Mount
Sinai.

(59) Eutychtas dateeall the loflcs of the empire lind^ir "the reign of
Phocas, an error which laves the honour of Horaclin^t, whom he brings
not from Carthage, but Salonica, with a fleet laden with vegetables for
the relief of Conftantimple (Annal. torn. ii. p. 223, 224.). The
other Chriftiaos of the Eaft, Barhebrxus (apad AlTeraan, Biblothcc.
Oriental, torn. iFi. p. 412, 413.}? Ei*nacin (Hift. Saracen, p. 13—
16.), Abulpharagius (Dyiiaft. p. 98, 99 ), are more finccre and acca-
rate. The years of the Perfian war arc difpofcd in the chronology
of Pagi.

(5o) On the conqueft of Jcrtifalcm, an event fo interefting to the
church, fee the Annals of Eutychius (torn. ii. p. 412—123.) and the
lamentations of the monk Antiochus (apud Baronium, AnnaJ. Ecclef.
A. D. 614, N** 1 5— 25.), whofe one hundred and tv^cnty-nine homilies
are ftill extant, if what no one reads may be faid to be extant. '

aoo THEDECLINEANDFALL

might compenfate, in foms degree, for the want
of valour and difcipline. After the reduction of
Galilee, and the region beyond the Jordan, whofe
refinance appears to have delayed the fate of the
capital, Terufalcm itfelf was taken by affault-
The fepulchre of Chrift, and the ftately churches
of Helena anji Conftantine, were confumed, or
at leaft damaged, by the flames ; the devout of-
ferings of three hundred years were rifled in one
facrilegious day ; the patriarch Zachariah, and
the irue crofs^ were tranfported into Perfia ; and
the maflacre of ninety thoufand Chriftians is im*
puted to the Jews and Arabs who fwelled the dif-
order of the Perfian march. The fugitives of
Paleftine were entertained at Alexandria by the
charity of John the archbifhop, who is diftin-
guiftied among a crowd of faints by the epithet
,of almf giver (6i) : and the revenue s of the
church, with a treafure of three hundred thoufand
pounds, were refliored to the true proprietors,
the poor of every country and every denomina-
tion. But Egypt itfelf, the only province which
had been exempt, fince the time of Diocletian,
from foreign and domefl:ic war, was again fub-
A ^^6*'6 ^"^^ "^y ^^ fucceflbrs of Cyrus. Pelufium, the
* * * * key of that impervious country, was furprized
by the cavalry of the Perfians : they pafled,
with impunity, the innumerable channels of die
Delta, and explored the long valley of the Nile,
from the pyramids of Memphis to the confines
of ^tMopia. Alexandria might have been reliev-
ed by a naval force, but the archbilhop and the
praefeft embarked for Cvprus ; aiid Chofroes

entered

(6i) The life of thi» worthy faint iscompofed by Leontiu?, t con-*
temporary biftiop ; and I find in Baronius (Anna/. Ecclef. A. D.
^lo. N<» lo, &c.) and FJeury (torn. viii. p. 135— 44*. fufEcicnt cx-
tra^s of thia cdifyisg work.

OF THE ROMAN EMPIRE. ao^

entered the fecond city of the empire, which
Hill prefeived a wealthy remnant of induftry and
commerce. His weftern trophy was erected,
net on the walls ot Carthage (6a), but in the
neighbourhood of Tripoli : the Greek colonies
of Cyrene were finally extirpated ; and the con-
queror, treading in the footfteps of Alexander,
returned in triumph through the fands of the Ly-
bian defert. In the fame campaign, another ar-
my advanced from the Euphrates to the Thra- llff'^^'^
cian Bofphorus ; Chalcedon furrendered. after a a. 'd. tfitf»
long fiege, and a Perfian camp was maintained ^^
above ten years in the prefence of Conflantino*
pie. The fea-coall of Pontus, the city of
Ancyra, and the ifle of Rhodes are enumerated
among the lail conquefts of the great king ;^ and
if Chofroes had poffeffed any maritime power,
liis boundlefs ambition would have fpread flavery
and defolatioil over the provinces of Europe.

From the long-difputed banks of the Tigris h^ reiga
and Euphrates, the reign of the grandfon of a«<i ">=&«>
Nujfhirvan was fuddenly extended to the Hellef- ^*"''*'
pont and the Nile, the ancient limits of the
Perfian monarchy. But the provinces, which
had been fafliioned by the habits of fix hundred
years to the virtues and vices of the Roman go-
vernment, fupported with rcludance the\oke6f
the Barbarians. The idea of a republic was kept
alive by the inftitutions, or at leaft by the writ-
ings, of the Greeks and Romans, and the fub-
je6ts of Hefaclius had been educated to pro-
nounce the words of liberty and law. But it has

always

. (64) The error of Btronius, and many others \tlio ?i»ve carried lUe
arms of Chofroes to Carthage indead of Chalcedon, is fouoded on the
near refemblancc of the Greek words K«A%>}2»v« and K*p;^>»^»«,
in the text of Theophanes, ficc. which have beea fooietisaes coofoiuid-
ed by tranTcribers and ibnaetimct bj critics.

20Z THE DECLINE AND FALL

always been the pride ancj policy of Oriental
princes, to difplay the titles and attributes of their
omnipotence ; to upbraid a nation of flaves with
their true name and abjeft condition, and to en-
force, by cruel and infolent threats, the rigour of
their abfolute commands. The Chriflians of the
Eaft were fcandalized by the worlhipof fire, and
the impious doftrine of the two principles : the
Magi were not lefs intolerant than the bilhops,
and the martyrdom of fome native Perfians, who
had deferted the religion of Zoroafter (63), was
conceived to be the prelude of a fierce and gene-
ral perfecution. By the opprelTive laws of Juf-
tiriian, the adverfaries of the church were made
the enemies of the ftate ; the alliance of the Jews,
Neftorians, and Jacobites, had contributed to
the fuccefs of Chofroes, and his partial favour
to the feftaries provoked the hatred and fears pf^
the Catholic clergy. Confcious of their fear
• ind hatred, the Perfian conqueror governed hi§
new fubjefts with an iron fceptre ; and as if he
fufpeftcd the flability of his dominion, he ex-
haufted their wealth by exorbitant tributes and li-
centious rapine, defpoiled or demolilhed the tem-
ples of the Eaft, and tranfported to his heredi-
tary realms the gold, the filver, the precious
marbles, the arts, and the artiflsof the Afiatic-
cities. In the obfcure pifture of the calamities of
the empire (64), it is not e?.fy to difcern the
figure of Chofroes himfelf, to feparate his aftions

from

(^3) Tht genuine zSts of St. Anaftafius are publKTicd in thofe of the
' vii*^ general council, from whence Baronius (Annal. Zcclef. A. I>.
614, 6169 617.) and Butler (Lives of the Saintr, vol. i. p. 142—148.
have taken their accounts. The holy martyr defeitcd from the Perfian
to the Roman army, became a monk at JcrMfalcm, and ini'ulted the
worihip of the Magi, which was then eitablifhed at Caefarea in P«»
ieftine.

{€4) Abolpharagiaa, Dynaft. p. 99. Elmacin, Hid. Saracen, p. 14.

OF THE ROMAN EMPIRE. 203

from thofe of his lieutenants, or to afcertain his
perfonal merit in the general blaze of glory and
magnificence. He enjoyed with qftentation the
fruits of vidtpry, and frequently retired from
the hardships of war to the luxury of the palace-
But in the fpace of twenty-four years, he was
deterred by fuperftition qr refentment from ap-
proaching the gates of Ctefiphon : and his favou-
rite refidence of Artemita or Daftagerd, was
fituatc beyond the Tigris, about fixty miles to
the north of the capital (65). The adjacent pat
tures were covered with flocks and herds : the
paradife or park was repleniftied with pheafants^
peacocks, oftriches, roebucks, and wild boars,
and the noble game of lyons and tygers was
fometimes turned loofe for the bolder pieafures
of the chace. Nine hundred and fixty elephants
^ .were maintained for the ufe and fplendourof the
great king : his tents and baggage were carried
. into the field by twelve thoufand great camels
and eight thoufand of a fmaller fize (66) : and
the .royal ftables were filled with fix thoufand
mules and horfes, among whom the names of
Shebdiz and Barid are renowned for their fpeed
or "beauty. Six thoufand guards fucceffively
mounted before the palace gate »; the fervice of
the interior apartments was performed by twelve
thoufand flaves, and in the number of three
thoufand virgins, the faireft of Afia, fome happy
concubine might confole her mailer for the age or
the indifference of Sira. The various treafures of

gold,

(<J$) D'A'nvillc, Mem. de TAcidemic dcs lafcriptions, torn. nxxiL

p. 5<?8— 571-

( 66 ) The difference between the twcracesconfifts in one or two bumf* ;

' the dromedary has only one ; the fize of the proper camel is largef'^ the

country he comes from, Turkeftan or Baftriana j the dromedary b

confined to Arabia and Africa. Ruffon, Hid. Naturelk, torn. xi. p.

ft II, &c. AriftoC. Hill. Aoinial. tom. i. 1. ii. c. i. torn. ii. p. 4^.

204 THE DECLINE AND FALL

•

gold, filver, gems, filk, and aromatics, were de-
pofited in an hundred fubterraneous vaults ; and
the chamber Badaverd denoted the accidental
gift of the winds which had wafted the fpoth
of Heraclius into one. of the Syrian harbours of
his rival. The voice of flattery, and perhaps of
fidtion, is not afhamed to compute the thirty
thoufand rich hangings that adorned the walls ;
the forty thoufand columns of filver, or more
probably of marble, and platf d wood, that fup-
ported the roof; and the thoufand globes of gpFd
iiifpended in the dome to imitate the motions of
the planets and the conftellationsof the zodiac
(67). While the Perfian monarch contemplated
the wonders of his art and power, he received an
cpiftle from an obfcure citizen of Mecca, invit-
ing him to acknowledge Mahomet as the apoftle
of God. He rejefted the invitation, and tore
the epiftle. " It is thus," exclaimed the Ara-
bian prophet, *' that God will tear the kingdom,
" and rejed the fupplications of Chofroes (68)/*
Placed on the verge of the two great empires of
the Eaft, Mahomet obferved, with fecret joy,
the progrefs of their mutual deftrudion, arid in
the midft of the Perfian triumphs he ventured
to foretell, that before many yeais Ihould elapfe,
vidtory would again return to the banners of the
Romans {6g).

. At

(6j) Thcophancs, Chronegraph. p. 26^, D'Herbelot, Bibliotheque
Orientate, p. 997. The Greeks defcribe the decay, the Pcrfiana the
fpicodour, of Daftagerd ; but the former fpcak from the modeft wic-
ncfs of the eye, the latter from the vague report of the ea.r.

(58) The hiftorians of Mahomet, Abuifeda (in Vit. Mohammed,
P" 9*» 93*) *"^ Gaguicr (Vic de Mahomet, torn. ii. p. 147. )» ^^^^ this
embaily inthe vii*** vcarof the Heglra, which commences A. D. 6z8,
May II. Their chronology is erroneous, fince Chofroes died In the
month of February of the fame year(Pagi, Critica, torn. ii. p. 779.).
The Count de Boulainvilliers (Vie de Mahomed, p, 347, 328.) places
this embaffy about A. D. 61 5, foon after the conqucft of P^leiline.
Vet Mahomet would fcarccly have ventured fo foon on fo bold s ftep.

(69) Seethe xxx«*» chapter of the Koran, entitled the Greeks, Our
Jioacit and learned tranflacor Sale (p. 330, 331.) f^rly ftates this con«

jcfturc.

OF THE ROMAN EMPIRE-

At the rime when this prediftion is faid to have^^
been delivered, no prophecy could be more dif- \
tant from its accompIifliment,fmce thefirft twelve ^^o-^aa-
years of Heraclius announced the approaching
diflblution of the empire. If the motives of
Chofroes had been pure and honourable, he muft
have ended the quarrel with the death of Phocas,
and he would have embraced as his beft ally,
the fortunate African whq had fo generoufly
avenged the injuries of his benefadtor Maurice,
The profecution of the war revealed the true
character of the Barbarian; and the fuppliant
embaflies of Heraclius to befeech his clemency,
that he would fpare the innocent, accept a tri-
bute, and give peace to the world, were rejeftcd
with contemptuous filence or infolent menace.
Syria, Egypt, and the provinces of Alia, were
fubdued by the Perfian arms, while Europe, from
the confines of Iftria to the long wall of Thrace,
was opprefled by the Avars, unfatiated with the
blood and rapine of the Italian war. They had
coolly maflacred their male captives in the facred
field of Pannonia ; the women and children
were reduced to fervitude, and the nobleft virgins
were abandoned to the promifcuous luft of the
Barbarians. The amorous matron who opened
the gates of Friuli paffed a fliort night in the
arms of her royal lover ; the next evening, 'Ro-
milda was condemned to the embraces of twelve
Avars, and the third day the Lombard princefs
was impaled in the fight of the camp, while the
chagan pbferved, with a cruel fnriile, that fuch a
hufband was the fit recompenfe of her lewdnefs

and

jt/StVLtCy giicfs, wager,of Mthomct; bat BouUmvinier8(p. 329— 344. )>
with wicked intentions, Itbonrs to cflabliih this evident prophecy of a fu-
ture event, which mud, in hit opinion, e^barrafs tht Chriftiaa
|>oIemicc. * '

xo5 THE DECLINE AND FALL

and perfidy (70 j. By thefe implacable enemies,
Heraclius, on either fide, was infulted and be-
fioged : and the Roman empire was reduced to
the walls of Conftantinople, with the remnant
of Greece, Italy, and Africa, and fome mari-
time cities, from Tyre to Trebizond, of the
Afiatic coaft. After the lofs of Egypt, the ca-
pital was afflidlcd by famine and peftilence ; and
the emperor, incapable of refiftance, and hope-
kfs of relief, had refolved to transfer his perfon
and government to the more fecure refidence
of Carthage. His fhips were already laden with
the treafures of the palace, but his flight was
arreftrd by the patriarch, who armed the powers
of religion in the defence of his country, led
Heraclius to the altar of St. Sophia, and extorted
a foiemn oath, that he would live and die
with the people whom God had entrufted to
his care. The chagan was encamped in the
plains of Thrace, but he diflcmbled his perfi-
dious dcfigns, and folicited an interview with the
emperor near the town of Heraclea. Their re-
conciliation was celebrated with equefl-rian games,
the fcnate and people in their gayeft apparel re-
fortcd to the feftival of peace, and the Avars be-
held with envy and defire, the fpeftacle of Ro-
man luxury. On a fudden, the hippodrome was
cncompafled by the Scythian cavalry, who had
prefled their fecret and nodurnal march : the
tremendous found of the chagan's whip gave the
fignal of the affault ; and Heraclius wrapping
his diadem round his arm, was faved, with ex-
treme hazard, by the fleetnefs of his horfe. So
rapid was the purfuit, that the Avars almoft en-
tered the golden gate of Conftantinople with the

flying

(70) Paul Warncfrid^ de Gcftlt Langobardorom, I. iv. c. 38, 42.
Maratori^ Anaali dMcalia^ fm. y. p. 305, &c.

OF THE ROMAN EMPIRE. 207

flying crowds (71) ; but the plunder of the
fuburbs rewarded their treafon, and they tran-
fported beyond the Danube two hundred and fe-
venty thoufand captives. On the (hore of Chal-
cedon, the emperor held a fafer conference with
a more honourable foe, who, before Heraclius
defcended from his galley, faluted with reverence
and pity the majefty of the purple. The friendly He foikiti
oflfer of Sain the Perfian general, to conduft an^"**"
embafly to the prefence of the great king, was ac-
cepted with the warmeft gratitude, and the prayer
for pardon and peace was humbly prefented by the
praetorian praefedt, thepraefc<ft of the city, and one
of thcfirft ecclefiaftics of the patriarchal church
(72). But the lieutenant of Chofroes had fatally
mifiaken the intentions of his matter. *' It was
** not an embafly," faid the tyrant of Afia, ** it
** was the perfon of Heraclius, bound in chains,
*' that he (hould have brought to the foot of
*' my throne. I will never give peace to the
** emperor of Rome till he has abjured his cru-
** cified God, and embraced the worfhip of the
'* fun.'* Sain was flayed alive according to the
inhuman praftice of his country ; and the fepa-
rate and rigorous confinement of the. ambafla-
dors, violated the law of nations and the faith
of an exprcfs ftipulation. Yet the experience
of fix years at length perfuaded the Perlian mo-
narch to renounce the conqueft of Conftantinople,
and to fpecify the annual tribute or ranfom of

the

X^ I ) The Pafch^ Chronicle, which fometimes introduces fragmeots
of hiftoryinto a barren lift of names and dates, gives the bed account
of the treafon of the Avars, p. 389, 390. The number of captives
is added by Nicephorus.

(72) Some original piece!», fuch as the fpcech or letter of the Roman
smbaiTadors (p. 386-^388.), likewife conftitute the merit of the Paf-
chal Chronicle, which was compofed, perhaps at Alexandria, iwderthe
reign of HcracUas.

aoS THE DECLINE AND FALL

the Roman empire : . a thoufand talents of gold,
a thoufand talents ofiilver, athouiand filk-robesy
a thoufand horfes, and a thoufand virgins. He-
raclius fubfcribed thefe ignominious terms, but
the time and fpacs which he obtained to collect
fuch treafures from the poverty of the Eaft was
induftrioufly employed in the preparations of a
bold and defperate attack.
His prcpt. Of the characters confpicuous in hiftory, that
^IrrA^D.^f Heraclius is one of themoft extraordinary and
*«»!. inconfiftent. In the firft and the laft years of a
Jong reign, the emperor appears to be the flave
of floth, of pleafure, or of fuperftition, the
carelefs and impotent fpecStator of the public ca-
lamities. But the languid mifts of the morning
and evening are feparated by the brightnefs of
the meridian fun : the Arcadius of the palace,
arofe rhe Caefar of the camp ; and the honour of
Rome and Heraclius was glorioufly retrieved by
the exploits and trophies of fix adventurous
campaigns. It was the duty of the Byzantine
biftorians to have revealed the caufes of his flum-
ber and vigilance. At this diftance, we can
only conjecture that he was endowed with more
perfonal courage than political refolution ; that he
was detained by the charms and perhaps the arts
of his niece Martina, with whom, after the death
of Eudocia, he contracted an inceftuous mar-
riage (7.^) ; and that he yielded to the bafe advice
of the counfellors, who urged as a fundamental
law, that the life of the emperor fhould never
be expofed in the field (74). Perhaps he was

awak-

(73) Nicephonis (p. lO, iiO» who brand* thi« marriage with ihe
aamct of etStgfcof and et^t^utr^v^ h happy to ohfervc that of two fon^,
its ioceftoous fruit, the elder was mariced by Providence with a ftift*
Beck, the younger with the lofs of' hearing.

(74) George of Pifidia ( Acroaf. i. 1 11—125. P* 5-)i ^^^ ^**5* ^^

opinionti

OF TI^E ROMAN EMPIRE. 2Q9.

awakened; hy the^laft ipfcJ^nt demand of tihe Per-
fian conqueror ; but at the njomepi: whe»r Hej^,-
clius afiumed t^e fpirit of .^.. hero, the only .
hopes of the RioinaBs were d^-awn from the vi-
ciffitudoS'of ftMtuae, which -might threaten the
prcnid profperity of ChofK)e3,, and muiii: be fa-
voujcabk to thofe who k^d: attaitued. the, loweit,
pesiod Qf depreffion (75)- Xo provide for ttie
expeiices of war, was- tjie ftrft caip of thp. ewpe--
rcMf^ a^dfor the purpofe of colleding the tri-
bute, hewasatiowed u^folicit the beiiuevolexxce
of die £^erjfpi proyin^<^« , But the reiv^ftue op
longer flowed m the ufuil qhannel^ the credit of
an siibkrmy fHrincc is apnihUated by his power;
and the courages of He^acU^s was firft diiplayed
in daring to borrow the confecra,ted wealth of
churches^ under the folenm vow of re;iloriag^
with irfiry, whatever h^ had been comp«8|led ta
employ in the fewice of religion and of theem^
pare. The clergy tUetefelves appear ta Jiave. .
fympathifed ivith the pijbliP dift^fs, and t^e dif* .
creet patmfclbi of Akxand^ia,^ without admitting
the precedent of facrilege, affifted his fovereign
by the mirectdoxjs or feafon^bkf revelation of a
fecrettreafiire(76). Of the fpldier-s who had.
Vol. VIM. P . canfpired

cfmieas Jicquits tbfi'pii(iJlaoIino.U8. covnfeUoPs of any ilnider vIcwp.
Would he have'cxcured the proxid and contemptuous admonition of

(75) £< T«; i^' eutp^f tpfAiict,^; tv^toii

George of Pifid. Acroaf. i. 5 1, ice, R. 4.
The Orientals are not lefs food •£ remarkiQ{( this ftxange vif:i(ntude ;
and I remenitNfr fome Aory.of Khofion Fsvviz^ nqt very ui^ike the ring
of Polycr^itea of Svm^s.

(76) Baroain? gravely relates this dificoivery^ or rather traafmuta-.
tion, of baprels, aot of honay, bat of fQkld(A]^ai EcoUf. A, D» dzp.

aio THE DECLINE AND FALL

confpired with Phocas, only two were found to
have furvived the ftroke-bf time and of the Bar-
barians {Tl)y their loft,' even of thefe feditious
veterans, was imperfeftly fupplied by the new
levies of Heraclius^ and the gold of the fanftu-
ary united, in the fame camp, the named, and
arms, ind languages of the Eaft and Weft* He
would have been content with the neutrality of
the A vats; and his frigidly entreaty; that the
chagan would a6l, riot as the enfeihy but as the
guardian of the empire^ Was accompanied with
artiore peifuafive donative of two hundred thoch>
fand pieces of gold.- Two days after the feftival
of Eafter, the emperor, exc|;iangiBg his purple
for the fimple garb of a penitent and warifi6r(78),
gave the fignal of hi* departure. To the faith
of the people Hefaclius recommended his chil-
dren ; the civil and military powers Were vefted
in the moft deferving hlmds, and the difcretion
of the patriarch and fenate wasadthdrifed to favc
or furrender the city, if they Ihould be pppret
fed in his abfenee*' by the fuperior 6)rces of the
enemy.
Firft cxpc- The neighbouring heights of Chalcedon were
HewciiL covered with tents and arms: but if the new le-
againftthc vics of Hcraclius had been raflily kd to the at-
a"d "6Z2. ^^^^^ ^^^ vidory of the Perfians in the fight of
Conftantinople mtght have bfeen the laft day of
the Roman empire. As impftident wouldit have

been

N« 3, Sffc.}- Yet the loan was mbitraty, Ciact It wascoRef^ed by fol-
dicrs, who were ordered to feavc the patriarch of Atextadria no more
than one hundred pounds of gold. Nicephorus (p. 1 1.), two hundred
years afterwards, fpeaks with ilUttumonr of this contribution, which
the church of Conftantinople might iliNfeel.

<77) Theophylaa Simocatti^ J. «ni. c. la. Tfcit clrcumftancc need
not excite our furprife. The mufter-roll of a regiment, even in time
of peace, is renewed in lefs than twenty or twenty«>fiiw years,

(78) He changed hi«^irr//f, foriibri, bttflcinfi, and dyed them red
in Che blood of the Perfians (Gcorg. Piiid. Acroaf. ill. ri8. 1.2 1, laa.
Sec the Notes of Foggini, p- SSO- ! *

OF THE ROMAN EMPIRE. /

been to advance into the provinces of Alia, ^
leaving their innumerable cavahy to intercept his
convoys, and continually to hang on the laffitude
and duorder of his rear. But the Greeks were
ftill mailers of the fea; a fleet of gallies, tranf*
ports, afid ftorelhips, was affembled in the har-
bour, the Barbarians confented to embark; a
fteady wind earned them through theHellefpont ;
the weftern and fouthem coaft of Afia Minor
lay on their left-hand; the fpirit of their chief
was firft difplayed in a ftorm ; and evlen the
, eunuchs of his train were excited to fuffer and
to work by the example of their mailer. He
landed his troops on the confines of iSyria and
Ciiicia,* in the gulf , of Scanderoon, wnere the
coail fuddenly turns to the fouth (79) ; and his
difcemment was expreflTed in the choice of this
important poft (80). From all (ides, the fcat-
tered garrifons of the maritime cities and the
mountains might repair with fpeed and fafety to
his Imperial ilandard. The natural fortifications
of Ciiicia piotefled and even concealed the camp
of Heraclius, which was pitched near Iflus, on^
the fame ground where Alexander had vanquilh-
P 2 ed

(79) George of Pifidit (Acroaf. li. lo. p. S.) has fixed this impor-
tant point of the Syrian and Cilician gates. They arc elegantly dc-
fcribed by Xcnophon, who marched through them a thoufand years be-
fore. A narrow pafs of tbcfte ftadla between deep high rocks {mr^ta •
i|Xi/3«r«f) and the Medit'erranean, was clofed at each end by ftrong
gates, impregnable to the JaAd ( x«^f A^fiv v« d* /Bi«), accefltble by
fca (Anabafi% 1. i. p. 35, 36. with Hutchinfon's Geographical Diflcr-
taiion, p. vi.). The gates were thirty-five parafangs, or leagues, from
Tarfns ( Anabafis, 1. i. p. 33, 34.), and eight or ten from Antioph.
(Compare Itinerar. Weffeling. p. 580, 581. Schultens' Index Geo-
graph. ad calcem Vit. Saladin. p. 9. Voyage en Tiirquie et en P«rfe,
par M. Otter, tom. i. p. 78, 79.)

(80) Heraclius -might write to a friend in the modeft words of Cice-
ro ! '' Caflra habuimus ea ipfa que contra Darium habuerat a pud Iffum
Alexander, iraperator ha«d pauUo melior quam aut tu ant ego.'* Ad
Atticum, ▼. ao. IfTus, a rich and flour lihing city in the time of Xeno«
phon, was mined by tht profpeHty of Alexandria or Scaoderoonf oa
the other fide of the bty.

ziz , "f HE DECLINE AND FALL

cd the hoft of Darius. , The angle which the
emperor occupied, was deeply indented into a
vail femicircle of the Aiiatic,; Armenian, and
Syrian provinces ; and to whalfoever point of the
circumference lie ftiould direft his attack, it was
eafy for him todiffemble his own motions and to
prevent thofe of the.enemy. In the camp of
Iffus, the Roman general reformed the floth and
dilbrder of the veterans, and educated the new
recruits in the knowledge and praflice of mili-
tary virtue* tJnfoldipg the miraculous image of
Gbrift, he urged theni to revenue the holy altars'
whixrh. had been profaned by the worlhippers of
fire ; addreffing them by the ^endearing appella*
tions of fons and brethren, he deplored the pub-
lic and piivate wrongs of the republic*.. The
fubjeils of a monarch we:re perfiiaded that they
fought in the caufe of freedom ;, and a fimilar
enthufiafm was conimiinicated to the foreign
mercenaries, who muft have viewed with equal
indifference the.intereft p£ Rome and of Perfia.
Heraclius himfelf, wi^h the fcilland patience of
a centurion, iqculcatedi.tfie lelfons.of the fchool of
taftics, and the foldiers rwere afliduoufly trained
in the ufe of their weapons, and the exercifes
and evcdutioas.of the field. The day airy and
infantry iii light or heavy armour were divided
into two parties ; the trumpets w^ere fixed in the
center, and their fignal^dire<3ed' the march, the
diarge, the retreat, or purfuit; the direft or
oblique ordeiy,. the deep or extended phalanx;
to reprefent in fi^litidus combat; the operations of
genuine war.. "Whatever hardfhlpvthe emperot
impofed on the troops, he inflifted with equal
feverity on himfelf; their labour:, ■tJiei'r diet,
their flei?p, were meafured by the inflexible rules
of. difcipline ; and, without defpifijig the enemy,

•'«- ; they

OF THE ROMAN EMPIRf. grg

they were taught torepofean implicit confidence
in their own valour and the wifdom of their
leader. Cilicia was foon encompaffed with the
Perfian arms; but their cgvalry hefitatied to enter
the defiles of mount Taurus, till they were cir-
cumVcnted by the evolutions of Heraclius, who
idenfibly gained their rear, whilft he appeared
to prefent his front in order of battle, By a
falle motion, which feemed to threaten Armenia,
he drew theni, againft their wifties, to a genei^al
aftion. They were tempted by the ^rtfyl dif,
order of his canip; but when they advanced Jq
' combat, the ground, the fun, and the expeftka
tion of both armies, were unpropitious to the
Barbarians ; the Romans fuccefsfully repeat^ed
their tadics in a field of battle (8i), and the
event of the day declar^ to the world that the
Perfians were not invincible, and that an hero
was invefted with the purple. Strong in viftory
and fame, Heraclius bolaly'afcended the heights
of Mount Taufus; "direfted his nurch through
the plains of Gappadocia, and eftabliftied his
troops for the winter feafon in fafe a.nd plentiful
quarters on the banks of the river Halys(82).
His foul was fupeiior to the vanity of entertain-
ing Conftantinople with an imperfeft triumph;
but the prefence of the emperor was indifpenfa-:
bly required to foothe the reftlefs and rapacious
fpirit of the Avars.

Smce

(8i) Foggini (A.n^ctat. p. 31.) fafpeasthtt the Perfians were de-
ceived by the <p*OMf^ yrtxkityf^tfi/i of yElian (Ta£lJC, c. 48.), an in-
tricate ipirai.motion of .the army. He obfervcs (p. x8.) that the mi-
litary dc!criptionsof George of Pifidia arc traxifcribcd in the ttftics.of
the emperor |-.CQ.

(81) George of Pifidia, ao eye-vitnefs- (Acrpaf. il. lai, &c.), de-

fcribcd, in three acroafits. or cantos, the 6r"ft cxfcditioo of Keracliu,

The poem' h;iV been lately (1777) pablilhedat Rome ;' hyt fudiva^

and declamatory pc:a0e> iK.iar from co-refjpoading wi(h the fanguise

.hopes of, P4gi>-.l>:A*\filie,»Sc£. " . .

ai4 THE DECLINE AND FALL

H" ^ti^°n ^'^^^ ^^ d^y^ ^f Scipio and Hannibal, no
A.'o.^aal bolder enterpriie has been attempted than that
<i4, 6a$. which Heraclius atchieved for the deliverance
. of the empire (83), He permitted the Perfians
to opprefs for a while the provinces, and to in-
fult with impunity the capital of the Eaft; while
the Roman emperor explored his perilous way
through the Black Sea (84) and the mountains of
Armenia, penetrated into the heart of PerjGa (85),
and recalled the armies of the great king to the
defence of their bleeding country. With a 1^-
left band of five thoufand fpldiers, Heracliqs
failed firom Conftantinople to Trebizond j at
fembled his forces which had wintered in the
Pontic r^ions J and fix)m the mout^of thePh^-
. fis to the Cafpian Sea, encouraged his fubje6^
and allies to march with the fucceffor of Con-
ftantine, under the £aithful and vidorious ban-
per of the crofs. 'When the legions of Lucullus
and Pompey fiyft paffed the Euphrates, they
blufhed at their eafy viftory over the natives of
Armenia. But the long experience of war had
hardened the minds and bodies, of that ^ffem^-

nate

^ (83) T^copljanc5.(p. 4S5,) cvri.cs Hcrtclius fwiftlT (k«t« t«v«)
into Armenia. N-ccphGras (p. 1 1 . ), though he confounds the two ex-
peditions, dtfincsthe province of Lazica. Entycl>iu8 (AnnaU torn i]
p. 131.) has given th^ five thoofand men, yritji the more probable ftt^
tion of Trebizond. . , • . «; .

(.84) From Conftantinople to Trebizond, with a fair wind, four or
five days ; from thence to Erzcrom, hve ; to Erivan, twelve • to Tau
ris, ten ; in ali, thirty-two. Such is the Itinerary of Tavernier
; (Voyagcjf, ^om. 1. p. 11^-56.), who was perfcftly converfarit with the
road« of Afia. Tournefort, who travelled with a paOu, fpent ten or
twelve days between Trebizond and Erzerom (Voyage da Levant
torn. iii. Icttrc xviii.); and Char^in (Voyages, torn. i. p. tAQ^%rA
gives the more corrcft diftancc of fifty-three parafan^s, each of <oiK>
paces (what paces >), between Erivan and Tauri?.

(8s) The expedition of Heraclius into ¥ctfiz ia finely iJJiiftrated by
M. d'Anville (Memoircs de I'Acad^mic dcs lofcriptions, torn, xxviii

S ^a^^Pl^ ^l "^^'"^^^T ^i^n^*"/?*'* ?^ Gandzaca, Thcbarmt,'
Daftagcrd, &c. with admirable flcill andJcarning j but Oic obfaire ckm^
pti|:n of 624, he pafles over in filcnce.

OF THE ROMAN EMPIRE. 215

nat^ people ; their zeal and bravery we?e ap*
proved in thcfervice of a declining empire ; thejr
abhorred and fe^ared the ufurpation of the houle
of Saffan, and the memory of perfeculion enve-f
nomed their pious hatred of the enemies of
Chrift, The limits of Armenia, as it had been
ceded to the emperor Maurice, extended as far
as the Araxes ; the river fubmitted to the indig-
nity of a bridge (86), and Heraclius, in the foot?
fteps of Mark Antony, advanced towards the
city of Tauris or Gandzaca (87), the ancient
and modem capital of one of the province^ of
Media. At the head of forty thoufand men,
Chofroes himfelf had returned from fome diftant
expedition to oppofe the progrefs of the Roman
arms ; but he retreated on the approach of He-
raclius, declining the generous alternative of
peace or of battle. Inftead of half a million of
inhabitants, which have been afcribed to Tauris
imder the reign of the Sophys, the city contain-
ed no more than three thoufand houfes ; but the
value of the royal treafures was enhanced by a
tradition, that they were the fpoils of Croefiis,
which had been tranfported by Cyrus from the
citadel of Sardes. The rapid conquefts of He-
raclius were fufpended only by the winter feafon;

a motive

(86) Et Pontem Ind^natus Amxcs. .

Virgil, JBntid viii. 748. .
The river Araxes i^ noify, rapid, vehement, and, with the melting
oif the fnows, irrcfiitibie : the ftrmgcft and naoft mafly h/idgcs arc fwcpt
avray by the current ; and its indignation is attefled by the ruins cf ma-
ny arches, near the oid fcown of Zaifa. Voyages de Chardin, tQm. i.
p. 251.

(87) Chardio, torn. i. p. 15$— .159. With the Orientals (d'Hcrbe-
lot, Bibliot. Oiient. p. 834.), he alcribcjsthe foundation of Tauris, 9r
Tebrip, to ZobcJd?,.thc wife 'oi the famous Khalif Haroun Alralhid;
but it appears to have been more ancient, and the names of Gandzaca,
Gazsca, Gaaa, are exprcflive of the royal tfcafure. The number of
55P,OQO iqihabitante is reduced by Chardin froin 1,100,000, the populate
e(limate.

ai6 THE DECLINE AND FALL

a motive of pmdence, or fuperftition (8S), de-
termined his retreat into the province of Alba-
nia, along the ftiores of the Cafpian ; and his
tents "Were moil probably pitched in the plains of
Mogan(89), the favourite encampment of Ori-
ental princes. In the courfe of this fuccefeful
intoad, he fignalized the zeal and revenge of u
ChriftiMi 'emperor : at his command, thefoldiers
eytinguifhed the fire and deftroyed the temples
of the Magi ; the ftatnes ofChofroes, who afpired
to divine honours, were abandoned tothe'flames;
V and the niin of Thetarma or Ormia (90),

which had given birth to Zoroafter lliimfelf,
made fome atonement for the injuries of the
holy fepulchre. A purer fpirit of religion was
fliewn in the relief and deliverance of fifty thou-
farid captives. Heraclius was rewarded by their
tears and grateful acclamations ; but this wife
meafure, which fpread the fame of his benevo-
lence, .difiiifed the murmurs of the Perfians
againft the pride and pbftinacy of their own fo-
vereign.

Ariiidft the glories of the fucceeding campa^,
Heraclius is almojft loft to bur eyes, and to thofe
' '• ' ■ • of

(88) He opened the gofpcl, and applied or interpreted the firfl: ca-
fual paffdge to the name and fituation of Albania, Theophancs, p.

(89) The heath of Mogan, between the Cyrus And the Arjixts, i%
fixty parafangs in length and twenty in breadth (Olcariu\ p. 1023,
1024.), abounding in waters and fruitful pattures (Hift; dc'Nadcr Shah,

' tranflated by Mr. Jones- from a Pei fian MS. part ii, p. 2, 3). Src the
yi;, ■ cncanopm^nts of Timur(Hift. par Shercfe.id n Ali^ 1. v. c. 37. 1. vi."

4 cs 13 } and the coronationof Nader Shah (Hfft. l^erfaaiie, p. 3 — 13:

'^ and the Engl fh Life by Mr. J one % p. 64, 65.).

(po) Thcbarma andU. mia, near the lake Spauta, , trr proved to be
the fame city by'd'Anvillc (Memoires de rAcatiemie," torn, xxviii. p.
5^4> 565.). It is honoured as the birth-place of Zoroalber, accord-
ing to the Perfian^ (Schuhen*s Index Geograph. p. 48.)*, 'and their
tradition is fortified by M.- P^ri-on d*AnquetiI (Mem. dc VAcMi.' dfes
■ Infcript,' torn. - xxxi. p. 37S-)- "with fome texts from biff or' iheir^
Zendavefta.

OF THE ROMAN EMPIRE, zi

of the By zan t me hiftorians (g\). From the fpa-
cious and fruitful plains of Albania, the emperor
appears to follow the chain of ^yrcanian moun-
tains, to dcfcehd into the province of Media or
Irak, and to carry his victorious arqis as far as
the royal cities of Calbin and Ilpahan, which had
never been approached by a RJoman conqueror.
-Alarmed by the danger of his kingdom, the
•power-s of Ghofroes were already recalled from
the Nile and the Bofphorus, and three formida-
-ble armies furrounded, in a diftant and hoftile,
land, the canip of the emperor. The Gplchian
allies prepared to defert his ftandard; and the;
fears of the braveft veterans were c?;prefled, . ra-
ther than concealed, by their defponding filence.
*' Be not terrified," faid the intrepid H ^radius,
*^ by the multitude of your foes. With the ^icj
** of Heaven, one Roman may triumpj) over a
** thonfand Barbarians. . But if we devote our
** iiyes for the fal vat on of our brethren, we fhall
** obtain the crown of martyrdom, and our irn-
*' mortal reward will be liberally paid by God
V and pofterity.". Thefe magnanimous fenti-
inents were fupport^d by the vigour of his ac-
tions. He repelled the threefold attack oftlie
Pcrfians, improved the diyifions of their chiefs,
and, by a well concerted train of marches, re-
treat?, and fucQcftful actions, finally chace<l them
from the ifieki into the fortified citCes of Media,
and Alfyria. In the feveritv of the winter fea-
fon, Sarbaraza deemed himfelffeeure in the walls
■ ' ■ ; .of-

(91) 1 cannot fyid, and (what is much more) M. d'Anvillc does n-t
-attempt to- feck, the Salban, Taraiitum, tcrritrry of the Huns, &c.
mentioned by Theophmes (p. 460 — 26%.). Eutychia (Annaf. torn. ii.
- P- «3x, I3i»)» an infuflSci cm author, names Aphahan; and Cafhiii
is moft- probably the city of Sapor. Kpahan iawtnty-foi r day^ jour-
ney from Tauri<^, -tnd Caftin halfway between thc;» (Vjyagc* dt T»-
vcroicr, torn. i. p. 53— 8x.)«

2iS THE DECLINE AND FALL

^

of Salhan ; he was furprifed by the aftivity of
Heraclius, who divided his troops and performed
a laborious mai?ch in the filence of the night.
The 6at roofs of the houfes were defended with
tifelefs valour agatnft the darts and torches of the
Romans : the fatraps and nobles of Perfia, with
their wives and children, and the flower of their
martial youth, were either flain or made prifo-
ners. The general efcaped by 9, precipitate
flight, but his golden armour was the prize of
the conqueror ; and the foldiers of HeracHus en-
joyed the wealth and repofe which they had fo
nobly dcferved. On the return of fpring, the
emperor traverfe^ in feven days the mountains
of Curdiftan, and paffed without refiftance the
rapid ftreiam of the Tigris. Oppreffed by the
weight of their fpoils and captives, the Roman
army hatted under the walls of Amida j and
Heraclius informed the fenate of Conftaritinople
of his fafety and fuccefs, which they already
felt by the retreat of the befiegcrs. The bridges
of the Euphrates were deftroyed by the Perfians ;
but as foon as the emperor had difcovered a ford,
they haftily retired to defend the banks of the
Sarus (92), in Cilicia. That river, an impetu-
ous torrent, was about three hundred feet broad,
the bridge ws^s fortified with ftrong turrets, and
the banks were lined with Barbarian archers.
After a bloody conflift, which continued till the
evening, the Romans prevailed in the affaulr,
and a Perfian of gigantic fize was flain and thrown
into the Sarus by the hand of the emperor him-
felf. The enemies were difperfed a^d difmayed ;

Heraclius

(91) At ten parafiDgs from. Tarfus, the army of the younger Gyros
piTed the Sarus, three plethra in breadth : the pyramus, a (ladinm
in hreadth, ran five parafangs farther to the call (Xcnophon, Antbaf.
I i- P- 33> 34-)-

OF THE ROMAN EMPIRE. 219

Heraclius purfued his march to Sebafie in Cap*-
padocia ; and at the expiration of three years,
the famecoaftof the Euxine applauded his return
from a long and viAorious expedition (g^)-

Inllead of (kirmiihing on the frontier, the twopchVcramcc
monarchs who difputcd the empire of the ^^^^J^]f^^
aimed their defperate ftrokes at the heart of their UiTpL^^
rival. The militaiy force of Perfia wasvfafted^"^^''^
by the marches and combats of twenty years,
and many of the veterans, who had furvived the
perils of the fword and the climate, were ftill de-
tained in the fortreffes of Egypt and Syria. But
the revenge and ambition of Chofroes exhaufted
his kingdom ; and the new levies of fubjedta,
ftrangers, and flaves, were divided into three
fornnidable bodies (94). The firft army of fifty
thoufand men, ifluftrious by the ornament and
title of Xhtgoiden fpears* was deftined to march
againft Heraclius ; the fecond Ayas Rationed to
prevenf his jundlion with the troops of his brother
Theodorus \ and the third was commanded tp
befiege Conftantinople, and to fecond the opera-
tions of the chagan, with whom the Perfian king
had ratified a treaty of alliance and partition.
Sarbar, the general of the third army, penetra^
ted through the provinces of Afia to the welt-
known camp of Chalcedon, and amufed himfelf
with the deftruftion of the facrcd and profane
buiWings of the Afiatic fuburbs, white he impa-
tiently waited the arrival of his Scythian friends
on the oppofite fide of the Bolphorus, On the

twenty-

(93) George of Pifidia (Bell. Abar'cnm, 146"— z^j;. p. 49.) cele-
brates with truth the perfcveriRg courage of the three campaigns (r^u^
«^iij»«^«$) againft the Perfians, .

(94) Pct^vius (Annotationes ad Nlccphnram^ p« 61; ^3^ iS^^y ^t(^
criminates the names and anions of five fcr^aa gcoerals who w^rt fuc- '
ceffively fcnt againft Heraclitt^« .

5j2a THE DECLINE ANP FALL

iwenty-niathof June, thirty-thoufand Barbarians,
the vanguard of the Avars, forced the long wall,
and drove into the capital a protnifcuous crowd
of peafants, citizens, and foldiers. Fourfcore
thoufand (95) of his native fubjeds, and of the
vaflal tribes of Gepidae, Ruffians, Bulgarians,
and Sclavonians, advanced under the ftandard
of the chagan \ a month was fpent in marches
and negociations, but the whole city was invefted
on thp thiity-firll of July, from the fuburbs pf
Pera and Galata to the Blachernae and feven tow-
ers ; and the inhabitants defcried with terror the
flaming fignals of the European and Afiatic fhores.
in the mean while the rnagiftrates of Conftanti-
nople repeatedly ftrove to purchafe the retreat of
the chagan : but their deputies were rejected and
infulted ; and he fuflercd the patricians to ftand
before his throne,, while the Perfian envoys, in
fiJk robes, yf^te feated by his fide. " You fee,"
, faid the haughty Barbarian^ " the proofs of my
*^ perfeft union with the great king \ and his
** lieutenant is ready to fend into my camp a fe-
t' left band of three thoufand warriors. Prefume
' *' no longer to tempt your matter with a partial
." and inadequate ranfpm : your wealth and your
** city are the only prefents worthy of my ac-
*' ceptance. For yourfelves, I /hall permit you
** to depart, each with an under garment and a
" fhirt; and at my entreaty, my friend Sarbar
*' will not.refufe a paffage through his. lines.
". Your abfent prince, even now a captive or a
'^ fugitive, has left Conftantinopls to its fate ;

" nor

(95) This number of eight myriads U fpecificd by George of PriWit

(B:II. Abar. 219.). The poet (50—88. ) clearly bdicates that the old

chagan lived till the reign of Hcracliu«, and that his ion and rucccffor

•* -was born of« foreign mother. Yet Foggini{Annotal. p. 57.) has given

another interpretation to this paffage.

OF THE ROMAN EMPIRE. zzi

*' nor can you efcape the arms of the Avars and
** Perfians, unlefs you could foar into the air like
*' birds, unlefs like fi(hes you could dive into
*' the waves (96)/' During ten fucceflive days,
the capital was aflaulted by the Avars, who had '
made fome progr^fs in the fcience of attack ; they *
advanced to fap or batter the wall, under the co-
ver of the impenetrable tortoife ; their engines
difcharged a perpetual volley of fton^s and darts ; •
and twelve lofty towers of wood exalted the .
combatants to th^ height of th^ neighbouring
ramparts.- But the fenate and people were ani-
mated -by the fpirit of Heraclius, who had de-
tached to their relief a body of twelve thwi-
fand cuirafliers v the powers of fire and rhe-
chanics were ufed with fuperior art and fuccefs
in the defence of Conftantinople ; and the gallies, -
with two and three ranks of oars, commanded '
the Bafphorus, and rendered the Peffians the
idle fpedators of the defeat of their allies. The ^
Avars were repulfed ; a fleet of Sclavonian ca-
noes was deftroyed in the harbour ; the vaflals of
the chagan threatened, to deferr, his provifions.
were exhaufted, and after burning his engines,"
he gave the fignal of a flow and formidable re-
treat. The devotion of the Romans afcribed this
fignal deliverance to the virgin Mary ; but the;
mother of.Chriit would furely have condemned
their inhuman murder of the Perfian envoys, who'
were entitled to the rights of humanity, if

, . . . they

~ (95) A bird, a frog, a mriuft?, and five arro'OVP, h*d been the pre-
fcnt of the Scythian king to Darius (Herbdot. !. iv. c. 131, 13a.).'
** Subftituez une lettre i ces fignes (fays Roufleau,- with rjiuch gooti
lafte) plus elle fera misnaga'ntc moins ellc effrayert : cc nc Tcra qu^une
faqfarronade dont Darius n'eiVtfait qnc rire (Emile, torn. Hi. p. 14^. )»•
Yet I mticb qticftion whether the I'enatc and pcopje of CoQilaminopie- «
laughed At this meiTage of the chagan.

%zz

Allunces

fBcfts of
UeracUtts.

THE DECLINE AND FALL

they were not proteftcd by the laws of na-
tions (97).

After the divifion of his army, Her^clius pru-
dently retired to the banks of the Phafis, from
whence he maintained a defenfive war againft the
fifty thoufand gold fpears of Perfia. His anxie-
ty was relieved by the deliverance of Conftanti-
nople ; his hopes were confirmed by a yidlory
of his brother Theodorus; and to the hoftile
league of Chofroes with the Avars, the Roman
emperor oppofed the ufeftil and honourable alli-
ance of the Turks. At his liberal invitation, the
hordofChozarsCpS) tranfported their tents from
the plains of the Volga to the mountains of Geor-
^a ; Heraclius received them in the neighbour-
hood of Teflis, and the khan with his nobles dif-
mounted from their horfes, if we may credit the
Greeks, and fell proftrate on the ground, to
adore the purple of the Caefar. Such voluntary
homage and important aid were entitled to the
warmcft acknowledgements ; and the emperor,
taking off his own diadem, placed it on the head
of the Turkifh prince, whom he faluted with a
'tender embrace and the appellation of fon. Af-
ter a fumptuous banquet, he prefented Ziebel
with the plate and ornaments, the gold, the
gems, and the filk, which had been ufcd at the
imperial table, and, with his own hand, diftri-
buted rich jewels and ear-rings to his new allies.

In

(97) The Pafchai Chronicle (p. 392 — 397.) gives a minute and au-
thentic narrative of the fiege and deliverance of Conftanunopic. Thco-
I^anes (p. 164.) adds fome circam(lance« ; and aiaint Jight may be ob-
tained from the fmoke of Georgd of Pifidia, who compofed a poem (de
Belio Abarico, p. 45—S4.) to commemorate this auipicious event.

(98) The power of the Choaars prevailed in the vii*** viii*^ and ix***
centuries. They were known to the Greek?,- the ArabSj and, under the
acme of Kofa, to the Chinefe themfelves. De Ouigue?^ iiifl. dfes
Huas, torn. ii. part ii. p. 507— £0^.

OF THE ROMAN EMPIRE. 223

In a fecret interview, he produced the portrait of
Ws daughter Eudocia {99), condefcended to flat-
ter the Barbarian with the promife of a fair and ait^
guft bride, obtained an immediate fuccourof forty
thoufand horfe, and negociated a ftrongdiverfion .
of the Turkifti arms on the fide of the Oxus (i oo)-
The Perfians, in their turn, retreated with preci-
pitation ; in the camp of Edefla, Heraclius re-
viewed an army of feventy thoufand Romans and
ftrangers ; and feme months were fucccfsfiiily em-
ployed in the recovery of the cities of Syria, Me-
ibpotimia, and Armenia, whofe fortifications
had been imperfedlly reftored. Sarbar ftill main-
tained the important ftation of Chalcedon ; but
the jealoufy of Chofrocs, or the artifice of Hera-
clius, foon alienated the mind of that powerful
iatrap firom the fervice of his king and country*
A mcffenger was intercepted with a real or ficti-
tious mandate to the cadarigan, or fecond in com-
n^nd, direfting him to fend, without delay, to
the throne, the head of a guilty or unfortunate
general. The difpatches were tranfmitted to
Sarbar himfelf ; and as foon as he read the fen-
tence of his own death, he dejcteroully infcrted'
the names of four hundred officers, affembled
a military council, and aflced the Cadari-
gan ^ whether he was prepared to execute
the commands of their tyrant. The Perfians

unanimoufly

. (99) Epiphania, or Eudocia, the only danghter of Heraclins and his
firft wife Eudocia, was born at Cfonftantinoplc on the 7'** of July, A.
D. 611, baptized the ig*** of Auguft, 'and crowned (in the oratory of St.
Stephen in the palace) the 4'** of Oftober of the fjime year. ' At this
time ihe was about Bfteen. Eudocia was afterwards fent to hcrTurkifli
huibandy but the newsof his death (lopped her journey and prevented
the confummation (Dacange, Familie Byzantin. p. ii8.)-

(lOo) Elmacin (Hift. Saracen, p. 13— itf.) gives fomc curions and
probable fa^s ; but his numbers are rather too high— 300,000 Romans
aflcmblcd at Edeffii — joo,ooo Perfians killed at Nineveh. The abate-
meat of g cypher is fca^cely enough to rcftore his fanity.

224 THE DECLINE AND FALL

iinanimoufly declared, that Chofroes had for-
feited the fceptre ; a feparate treaty was^ con-
cluded with the government of Conftantinople ;
and if fome corlfiderations of honour or policy
reftrained Sarbar from joining the ftandard of
Heraclius, the*emperor was affured that he might
profecute, without interruption, his^ defigns of
viftory and peace.
« * di^^ Deprived of his firmefl! fupport', and doubljfiil-
A^.^^ezj. of the fidelity of his fubje<fts, the greatnefs of
Chofroes was ffill confpicuous in its ruins. The
number of five hundred thousand may be inter-
preted as an Oriental metaphor, to defcribe the
men and arms, the horfes and elephants that co-
vered Media and Affyria againft the invafion of
Heraclius. Yet the Romans boldly advanced
from the Araxes to the Tigris, and the timid pru-
dence of Rhazates was content to follow them
by forced marches through a defolate country,
till he received a peremptory mandate to ri(k the
fate of Perfia in a decifive battle. Eaftward of
tJie Tigris, at the end of the bridge of Mofaf,,
the great Nineveh had formerly been eife^-ed
(iot) : the- city, and even 'the riwns of the 6'ity,
had long firice difappeared* C*02) : the vactot
fpace aflfbrded.a fpaciotts field for ttte operations^
of the tvvo armies. Bat thefe operations dre tie-

gl^ed

(loi) Ccelias (apud Diodor. SicnI. torn. >'. 1. ii. p. ii$. edit.
WefTeling^-afligns 480 Hadia (psrhapsonly 31 m"le'8)for the cifcurafe-
rcncc of Niasv-ch, Jona? talks of thrc? ckys journey : the iz^,ooq
perfons dclcribcd by ihe prophet as incapabl': of difccVnin^ their right
hand from their left, may affjrd about 700,000 perlons of aril agts for
V..ihc inhabitants of that ancient capital (Oo^et, Origine des Loir, &c.
?tom- iii. pajrt. i. p. 91, 93* )» which ccaicd to ex ift <Jqo years bifbro
Chr.lt. The weftcrn faburb ftill 1 vbfiHed, and is ij^entioncd undei? the
name of Moful in the firft age of the AraMaft khaj'^s.

(lox) Nicbuhr (Voyage en Arable, &c. torn. ii. p. «8tf,) vaded
over Nineveh without perceiving it.. He miftook for a ridgc of ftillt
the old rampart of brick or earth. It is faid to have been 100 feet
li^h, flanked with 1 500 towcri, each of the height of zoO'fcet. •

OFTHEROMAN EMPIRE:

gledted by the Byzantine hiftofians, and, like-
the authors of epic poetry and romance, they
afcribe the viAory, not to the military conduA,
but to the perfonal valour of th' ir favourite hero.
On this memorable day, HeracHus, on his horfe apd viao*
Phallas, furpaffed the braveft of his warriors : ccmb« V,
his hp was pierced with a fpear, the deed was &c,
wounded in the thigh, but he carried his matter
fafe and viftorious through the triple phalanx of *
the Barbarians^ In the heat of the adlion, three
valiant chiefs were fucceflively flain by the fword
and lance of the emperor \ among thefe was
Rhazates himfelf ; he fell like a foldier, but the
fight of his head fcattered g ief and defpair
through the fainting ranks of the Perfians. His
armour of pure and maffy gold, the ihield of
one hundred and twenty plates, the fword and
belt, the faddle and cuirafs, adorned the triumphs
of Heraclius, and if he had not been faithful to
Chrift and his mother, the champion of Rome
might have offered the fourth opime fpoils to the
Jupiter of the capitol (103). In the battle of
Nineveh, which was fiercely fought from day-
break to the eleventh hour; twenty-^ight ftand-
ards, befide thofe which might be broken or
torn, were takeri from the Perfians 1 the greateft
part of the army were cut in piepes, and the vic-
tors, concealing their own lofs, paffed the night
on the field. They acknowledge, that on this
occafion, it was lefs difficult to kill than to dif-
comfit the foldiers of Chofroes ; amidft the .bo-
VoL. VIII. CL dies

(103) Rex regia arma fero (fays Romulus, in his firft confecra-
tion) . . t • bina poftea ( cootiaucs y vy, i. lo.) inter tot bclla, opi- ''
ma parta njnt fpoLa, adeo rara ejus ifortuna tlccoris. If Varro.(apud
Pomp. Fediima p» 306!. edit. Dacier) coul^ juRify his literality in
granting the epime fpoils even to a common foldier who had flain the
king or general of the cneMy, the honour wovid have been much more-
cheap and common.

aa6 THE PECLINE AND FALL

dies of their friends, no more than two bow- (hot
from the enemy, the remnant of the Perfian ca-
valry flood firm till the feventh hour of the
night i about the eighth hour, they retired to
their unrifled camp, colleded their baggage, and
difperfed on all fides, from the want qf orders
rather than of refolution. The diligence of He-
raclius was not lefs admirable in the ufe of vic-
tory ; by a march of forty-eight miles in twenty
hours, his vanguard occupied the bridges of the
great and the leifer Zab ^ and the cities and palaces
of Aflyria were open for the firft time to the Ro-
mans. By a juft gradation of magnificent fcenes,
they penetrated to the royal feat of Daftagerd, and,
though much of the treafure had been removed,
and much had been expended, the remaining
wealth appears to have exceeded their hopes, and
even to have fatiated their avarice. Whatever
could not be eafily tranfported, they confumed
' with fire, that Chofroes might feel the anguifli of
thofe wounds, which he had fo often inflifted on
the provinces of the empire : andjuftice might al-
low the excufe, if the defolation had been con-
fined to the works of regal luxury, if national
hatred, military licenfe, and religious zeal, had
not Wafted with equal rage the habitations and
the temples of the guiltlefs fubje<5l:. The reco-
very of three hundred Roman ftandards, and
the deliverance of the numerous captives of
Edeffa and Alexandria, refled a purer glory on
the ^rms of Heraclius. From the palace of Daf-
tagerd, he purfued his march within a few miles
of Modain or Ctcfiphon, till he was flopped,
on the banks of the Arba, by the difficulty of
the paflage, the rigour of the feafon, and per-
haps the fame of an impregnable capital. The
return of the ernperpr is marked by the modern

name

OF THE ROMAN EMPIRE. 227

name of the city of Sherhzour ; he fortunately
paffed mount Zara, before the fnow, which fell .
iaceffantly thirty-four days, and the citizens of
Gandzaca, or Tauris, were compelled to enter-
tain his foldiers and their horfes with m hof-
pitable reception ( 104).

When the ambition of Chofroes was reduced Fi'ght of
to the defence of his hereditary kingdom, the A^v!ti)
love of glorv, or even the fenfeot fliame, ftiould Dic.'a9. ^
have urged him to meet his rival in the field, Ir^
the battle of Nineveh, his courage naight havQ
taught the Perfians to vanquiih, or he might-
have fallen with honour by the lance of a Ro^
man emperor. The fucceffor of Cyrus chofe ra-.
ther, at a fecure diftance, to expe£l the event,
to affemble the relics of the defeat, and to retire
by meafured fteps before the march of Heraclius,
till he beheld with a figh the once loved man-
fions of Daftagerd. Both his friends and ene-
mies were perluaded, that it was the intention
of Chofroes to bury himfelf under the ruins of
the city and palace : and as both might have
been equally adverfe to his flight, the monarch
of Afia, withSira, and three concubines, efcaped
through an hole in the wall nine days before the
arrival of the Romans. The flow and ftately
proceflion in which he fliewed himfelf to the
proftrate crowd, was changed to a rapid and fe^
cret journey ; aad the firft evening he lodged in
the cottage of a peafant, whofe humble door
would fcarcely give admittance to the great
Q^Z king

(104) ladefcribing thiiiUil expedition of Herscras, the Ta^s, the
pUces, and the dates of Theophaoes (p. %6^'^%yi.) tLtt fo accur.fi te
and authentic,, that he muft have followed the original letters 9t' t^e.
emperor, of which the Pafchal Chronicle has {kreferved (p. 398— »4q|,.)
a very curious fpecimea.

^28 THE DECLINE AND FALL

king ( I05), " His fuperftition was fubdued by fear :
on the third day, he entered with joy the forti-
fications of Ctefiphon ; yet he ftill doubted of
his fafety till he had oppofed the river Tigris to
the Duriuit of the Romans. The difcovery of
his ffight agiuted with terror and tumult the pa-
lace, the city, and the camp of Daftagerd : the
fatraps hefitated whether %h^ had moft to fear
from their fovereign or the enemy ; and the &•
males of the haram were aftoniftied and pleafed
by the fight of mankind, till the jealous hulband
CI three ^houfand wives again confined them to
a more diftant caftle. At his command, the ar-
my of Daftagerd retreated to a new camp : the
fix)nt was covered by the Arba, ^d a line of
two hundred elephants ; the troops of the more
diftant provinces fuciceffively arrived, and the
vileft domeftics of the king and fatraps were en^
rolled for the laft defence of the throne. It
• was ftill in the power of Chofroes to obtain a rea-
fonable peace ; and he was repeatedly preffed by
the meflfengers of Heraclius, to fpare the blood
of his fubjeds, and to relieve a humane con-
queror from the painfiil duty of carrying fire and
mord thror^h the faireft coimtries of Afia. JSut
the pride of the Perfiaji had not yet funk to the
level of his fortune ; he derived a momentary
confidence from the retreat of the emperor ; he
wept with impotent rage over the ruins of his
Affyrian palaces, and difiegarded too long the
rifing murmurs of the nation, who complained that

their

( Tog ) The wofck of Thcophane« are remarkable : uomX^t Xm-^mi;

i)Wv s$;^ier«v 'WpttxXit^q t0ecfMto% (p. 269.)* Young princes vnh^
difcover a propenfity to war fhouM repeatedly tranfcribc aad cranflatc
; fuch faliitary texts.

OF THE ROMAN EMPIRE, 229

their lives and fortunes were facrificed to theobfti-
nacy of an old man. That unhappy old man was
hinuelf tortured with the fharpeft pains both of
mind and body ; and, in the confcioufnefsofhis ap-
proaching end, he refolved to fix the tiara on the
head of Meidaza, the moft favoured of bis fons.
But the will of Ghofroes was no longer revered,
and Siroes, who gloried in the rank and merit of
his mother Sira, had confpired wHh the malecon-
tents to affert and anticipate the rights of his
primogeniture ( T06). Twenty-two fatraps, they
ftyled themfelves patriots, were tempted l^jr the
wealth and honours of a new reign : to the fol-
dieis, the heirs of Ghofroes promifed an en-
creafe of pajr ; to the Ghriftians the free exercife
of their religion ; to the captives, liberty and
i£ wards / ami to the nation, inftant peace and
the reduftion of taxes. It was determined by
the confpirators, that Siroes, with the enfigns of
royalty, :ihould appear in the camp ; anfd tf the
enterprife ihould fail, his efcape was contrived
to the Imperial court. But the new monarch
was fahited with unanimous acclamations ; the
flight of Ghofioes (yet where could he have^^^*^*"
fled ?) was rudelv arrelfed, eighteen fons were a! d. 6iz,
maflacred before nis • face^ and he was thrown ^f^'^r
into a dungeon, where he expired on the fifth
day. The Greeks and modem Perfians mi-
nutely defcribe how Ghofroes was infulted, and
famiihed, and tortured, by the command of an
inhuman fon, who fo far furpafled the example
of his father : but at the time of his death what

tongue

.. (io5) The avtheiltic narrative of the f$ll of Chofroes U contained Im
the letter oi Ueradius (Chrop. Pafchal. p. 398*) and ti^ hiftory of
Thcophanes f p. * 7 1 . ).

2io THE DECLINE AND FALL

tsongiie would relate the ftory of the parricide?
what eye could penetrate into the tow^ of darkr
3^?br ^^-^^ ^ According to the faith and mercy of his
Ills foa Si- Ghriftian enemies, he funk without hope into a
Xr^\i. ftill deeper abyfs ( 107); and it will not be denied,
that tyrants ol every age and feft are the bell en-
titled to fuch in&mal abodes. The glory of the
houfe of SafTan ended with the life of CSx^roes :
his unnatural fon enjc^ed only eight months the
fruit of his crimes ; and in the Ipacc of four
years, the regal title )vas afiumed by nine candi-
dates, who difpuiedi with the fwotd or dagger,
thcfragments of ani&xhaufted monarchy. Every
province^ an4 each xkKy of Perfia, was the fcene
of independencfe^ of difcord, and of blood, and
the ftate of anarchy prevailed about eight years
longer, till the fadhons were filenced and united
under the common yoke of the Arabian ca-
^ Uphi.(io8). .,. . ^.. ; r

M^cVbc- Asfoofl aft the rapuntfins r became paflabfe,
tween the the empe?or received the wclc<w(nc news of the
piI^e«:*A' D ^"^^^^ of the confpimcjr, the death of ChofW>es,.
l%%y ' 2^d the elevation of his eldeft fon to the throne
MartA, &c.^^ perfia. The authors of therevolution, eager
, ,to 4ifpl*y Aeir meritgi in the court x)r. camp of
I'auris^ p^^ceded the ambafladdrsof Siroes, who
■ ■ /; ^ . .• :- -'. •' dcli-

( 1 07) On the iirft rnmottivof thc> deatb^f Cttofjoes in <Heracliad
in two cantos was ioflantly publiihed tt Con(lantiiu>ple by Geqrge of
Pifidia 4 p. -97— 10$. )« A pried and a poet nUghc very properly exnlc
iivdke (Umiutioa of the piubitc ttctny (^vrtftn tfT«pT«rp%'v, $6.) :
but fttch m^an revenge is. unworthy of a king and. a conqueror : and I
am ferry to find fomuch bkck Ibji^rftltition {6tcfiu^oi 'Xo(^«)}( i«-«ji
xMi , i4rr«^« righ u$ ret K»rtix^*ttt ... ut to wvf mtutrttr^
^erav, Sec.) in the letter of Henclius s he almoll applauds the
parricide of Siroes as an a^ of piety and juftice.

( loS) The bea Orieatal>M:€iotlntj /of thislaft period of: the SaiTaniaa
kings are found In Eutychius (Ajkoat.tom. ii. p. i$i*^iK;6,)y who dir«
fembfes the parricide of Siroes, d^Herbelot (Bibliotheqne Orientale, p.
789. )» and AlTemanni (Bibllothcc. Oriental, torn. iii. p. 4i(-—
4*0.}-

OF THE ROMAN EMPIRE. . t^i

delivered die fetters of their mafter to his brother
die emperor of the Romans (109). In the lan-
guage of the ufurpers of every age, he imputes
his own crimes to the Deity, and, without de-
grading his equal majefty, he offers to reconcile
the long difcord erf the two nations, by a treaty
of peace and alliance more durable tnan brals
or iron. The conditions of the treaty were ea-
fily defined and faithfully executed. In the re-
covery of the ftandards and prifoners which had
fallen into the hands of the Perfians, the em-
peror imiuted the example of Auguftus, their
care of the national dignity was celebrated by
the poets of the times, but the decay of genius
utoy be meafured by the diftance between Ho-
rtce and George of Pifidia : the fuWefts and
brcriiren of Heraclhis were redeemed jtrora per-
fecution, fkvery and exile ; but, inftead of the
Roman eagles, the true wood of the holy crofe
was lekared to the importtmate demands of the
fbcceffor of Conftantine. The viftor was not
ambitious of enlarging the Weaknefs of the em-
pire; the fon of Chofroes abandoned without
regret the conquefts of his fether; the Perfians
who evacuated the cities of Syria and Egypt
were honourably condudied to the frontier, and
a war which had wounded the vitals of the two
ntionarchies, produced no change in their exter-
nal and relative fituation. The return of Hera-
clius from Tauris to Conftantinople, was a per-
petual triumph ^ and after the exploits of fix
glorious campaigns, he peaceably enjoyed the

fab-

(109} Tlie letter el! Suroct in the Pafchal Chroaicle (p. 402.) ua-
fortanately eiid« before he proceed* to bafinefs. The treaty appctra ia
iu exccation m the htftoric« of Theopbinet and Nicepboriu.

232 THE DECLINE AND FALL

fabbath of his tpiU, After a long impatience,
the fenate, the ckrgy, and th^ people, went
forth to meet their hero, with tears and acclama-
tions, with olive branches and innumerable
lamps ; he entered the capital in a chariot drawn
by four elephants ; and as foon as the emperor
could difengage himfelf from the tumult of pub-
lic joy, he tailed more genuine fatisfadion in the
embraces of his mother and his fon ( i lo).

The fucceeeding yeai* was illuftrated by a tri-
umph of a vety different kind, the reftitution of
the true crofs to the holy fepulchre. Heraclius
performed in perfon the pilgrimage of Jerufalem,
the identitjr of the. relick was verified by the dif-
creet patnarch (in), and this auguft ceremony
has been commemorated by the annual feftiyal
of the exaltation of the crofs. Before the em-
peror prefumed to tread the confecrated ground,
he was inftrufted to ftrip himfelf of the diadem
and purple, the pomp and vanity of the world :
but in the judgment of his clergy, the perfecu-
lion of the Jews was more eafily reconciled
with the precepts of the gofpel. He again
afcended his throne to receive the congratula^
tions of the ambaffadors of France and India :
and the fame of Mofes, Alexander, and Her-
cules

(no) The burthen of Corncillc's fong,

" Montrcz Heraclius au peuple qui Tattcnd,'*

is much better fuited to the prefcnt occafioiv See his trioniph in
Theophanc*; (p. 272, 273.) and Niccphorus (p. 15, i6.). The life
cf the mother and teodcinefs of the fon are attefted by George of Pi-
fidia (Bell. Abar. 255, &c. p. 49.). The metaphor •f the SabbatJi
h uftd, fomcwhat profanely, by thefe Byzaniine Chrtftians.

(in) See Baronius (Annal. Ecclcf. A. D. 6a8, N* i— 4.)* En-
tvchiuR (Annal. torn. ii. p. 240 — 248. )» Nkephorus (Brev. p. 15.).
The feals of the ctfe had never been broken ; and this prcfervatioo of
the crofy is afcribed (under God) to the devotion of ^uecn Sira.

OFTHEROMANEMPIRE. 233

cules (112), was ecli|rfed in the popular eftima-
tion, by the fuperior merit and glory of the
great Heraclius. Yet the deliverer of the Eaft
was indigent and feeble. . Of the Perfian fpoils,
the moft valuable portion had been expended in
the war, diftributcii to the foldiers, or buried,
by an unlucky tempeft, in the waves of the
Euxine. The confcience of the emperor wa»
oppreffed by the obligation of reftoringthe wealth
of the clergy, which he had borrowed for their
own defence : a perpetual fund was required to
fatisfy thefe inexorable creditors ; the provinces,-
already wafted by the arms and avarice of the
Perfians, were compelled to a fecond payment
of the fame taxes ; and the arrears of a limple
citizen, the treafurer of Damafcus, were com-
muted to a fine of one hundred thoufand pieces
of gold. The lofs of two hundred thoufand
foldiers (113) who had fallen by the fword,
was of lefs fatal importance, than the decay
of arts, agriculture, and population, in this
long and deftrudive war : and although a
vi(ftorious* army had been formed under the
ftandard of Heraclius, the unnatural effort
appears to have exhaufted rather than exer-
cifed their ^ftrength. While the emperor tri-
umphed at Gonftantinople or Jenifalem, an
obfcure town on the confines of Syria was
pillaged by the Saracens, and they cut in
pieces fome troops who advanced to its re-
lief

(ii2)Georfe»or PifidU, Acroaf. Hi. dc ExpediC. contra Perfas,
415, S€c, and Heracleid. Acroaf. i. 55— 13S. 1 negle^ the meaner
parallels of Daniel, Timothcu-, &c. CholVoes, and the chagan were
of courfe compared to BeUhazzar, Pharaoh, the old fcrpent. Sec.

(113) Suida.( in Excerpt. Hi(l. Byzant. p. 45.) gives this number;
but cither the Perfian mu(lbe read f^r the Tfaunatty war, or this paf-
fage docs not belong to the tmfcrw Heraciios.

jt34 THE DECLINE AND FALL

lief: an ordinary and trifling occurrence, had
it not been the prelude c^ a mighty revolu-
tion. Thefe robbers were the apoftles of
Mahomet ; their fanatic valour had emerged
fiom the defert ; and in the laft eight years
of his reign, Heraclius loft to the Arabs, the
£ime provinces which he had refcued from
the Perfians.

CHAP-

OFTHEROMAN EMPIRE.

, 2JS

CHAP. XLVIL

Theokgkal Hiftcry af ike DoaHne (f the Incarna-
lion -^-The Human and Divine Nature of Chrijl.
'^^Enmity of the Patriarchs of Alexandria and
Confiantinopk,''-^St. Cyril and Nedmus. — ^hird
General Omndl of Efiufus.^-^erefy of Eutyches,
— Fourth General Council of Chalcedon, — Civil
and Ecckfiajiical Difcord. — Intolerance cf Jujii--
nian. — The Three Chapters, -^--TAe M^nothelite
Omirmerfy. — State of the Oriental SeSls : — L
The Neftorians.^lL 7he Jacobites. ^\\\. The
Maronites. — IV. The Armenians. — V. The Copts
and Abyffinians.

After the extlnAion of paganifm, the The i ncir. .
Chriftians in peace and piety might have enjoy- q^^^
ed their folitary triumph. But the principle of
difcord was alive in their bofom, and they were
more folicitous to explore the nature, than to c=^
praftife the laws, of their founder. I have al-
ready obfcrved, that the difputes of the Trini-
ty were fucceeded by thofe of the Incarna-
tion^; alike fcandalous to the church, alike per-
nicious to the ftate, ftill more minute in their
origin, ftill more durable in their effeds. It is my ^ -7^
de%n to comprifc in the prefent chapter, a religi- -"^ ^
ous war of two hundred and fifty years, to repre- I- r fP)^
fent the ecclefiaftical and political fchifm ot the ""^ ^ ^ ^

Oriental fe<5ts, and to introduce their clamorous

or

2iS

THE DECLINE AND FALL

or fing'iinary contefts, by a modeft enquiry in-
to the doctrines of the pri;Tiitive church (i).
h A pore I- A laudable regard for the honour of the
m«n lo the firft profclytes, has countenanced the belief, the
tcicnitcs. ^^^^ ^j^^ ^j^^ ^^^^ ^^^ Ebionites, or at leaft

the Nazarenes, were dillinguiftied only by their

obftinate

-■4

(i) By yrhit mptn*? (lial! I a«thent"cate this prcvfons enquiry^
wbKh \ have ftudicd to circuralcribc and ccmprefs ?— If I perfift in
fiippofting each fa£l or reflexion by its proper and fpccial evidence,
cTCiy line wouid demand a ftriog ol tcdimoQies, and eveiy nc^te would
iVcli to a critJCi^l diffcitation* But ihe numbcrlcf^ pa^Tages of anti-
qaity which I have Jeen with my own eyes, a:e compiled, d gefted,
ajM liluftratcd, hy Pctavius 9ltA Le Clerc^ by Beaufrbre abA Mcjheim.
Iftiall he content to foriiiy ray narrative by the names and chaiadVers
©!■' thcfc reircQ:..ble guides 5 and in the contemplation of a m.nute or
rcm-Jte obj.ft, I am not afliamed to borrow t^e aid of the ftrongeft
glalTc^ ; 1. The Dogmata Tkealogica of Pctaviuj:, are » work of incre-
ftitl)W labour aftdcompafs ; the volumes which relate folely to the in-
carnation (two foWos v'^» ardvi***, of 837 pages), are divided into
xvi book— the firil of hillory, the remainder of ccntrovcrfy and
d £Viinc. The Jesuit's learning is copious and corre»fl ; his latinity is
pure, his method clear, his argument profound aad well €onne^d:
biit he if the rt.ivc of the fathers, the fcourgc of heretics, and the ene-
my of truth and candour, ^s often as they are inimical to the Caiiiolic
caufe. 2. The Arminian L^e Clerc, who has compofed in a quarto
volume (A mfterdanv, 1716) the ccclefiaftical hiftory of the two firft
centuries was free both iu his teraiper and fituation; h^$ fenlcis dear,
bvit hi«; thoughts are narrow ; he reduces the reaibn or foHy of ages
to the llandard of his private judgment, and his impartiality is fome-
tiincs q'Mckened, and i'ometimes tainted, by his oppofition to the fa-
thicrf. Sec the heretics (Cerinthians, bxx. Ebienite?, ciii. Cfarpocra-
tua% cxx. Valcntinian^ cxxi. Eafiiidians, cxxiii. Marciaoites, cxli,
^c.) under .their proper dates, 3. .The Hiftoi re Critique du Mani-
cheiirnc (Amllerdam, 1734, 1739* in two volumes in 4*% with a
pofthumous diffcrtation fur les Nazarcoe^, Laufanne, 1745} of M. de
Bermfobrc, is a trcafure of ancient philolophy and theology. The
ijarned hiltorian fpins with incomparable artxhc fyftcmatic thread of cpi-
liLoc, and tiansforms himfcif by turns into the peri.on of a taint» a fage,
or'&n hcret c. Yet his rcfiacment is fometime?exceffive : he betrays an
an«>iahJe partiality in favour of the weaker fide^ and, while he jgvards
againft calumny, he does not allow fhfiicient Icope for fuperftition and
fanatic! 'm. A opious table of contents will dire6k the reader to. any
poitit that he withes to examine. 4. Lefsf^ofbund than Petaviu?, lets
independent than I4C Clerc, lefs ingeoioa* than Ecaui'obre, the hifto-
rian Molhcim is full, rational, correct, and moderate. In his learned
vork, De Rebus Chriftianls ante Condantinum (Helmitadt, 1753, ^^
4"), !ce the Nanartuts and Ebionites p. 171 — 179. 328—332. The
Gnollic3 in general, p.- 179, &c. CcrittthuT^ ^. 195-^102. fiafilides,
P 3$l — 36i« Carpocrates, P* 363— 367. Yalcntmus, p< 37I-— 389*
Marcion, p. 404 — 410. The Mar.icha:ans, p. 829 — 837, &c.

OF THE ROMAN EMPIRE. 437

obftinate perfeverance in the praifticc df the Mc-
faic rites. Their churches have difiippeaied,
their books aie obliterated ; their obfcure free-
dom might allow a latitude of faith, and th«
foftnefs of th?ir infant creed would be vaiioully
moulded by the zeal or prudence of three hun-
dred years. Yet the moft charitable criticifm
rauft refufe th-fe fedtaries any knowledge of the
pure and proper divinity of Chrift. Educated in
the fchool of Jewifh prophecy and prejudice^
they had never been taught to elevate their,
hopes above an human and temporal Melliah
(2). If fhey had courage to hail their king when
he appeared in a plebeian garb,^ their groller ap-
prehenfions were incapable of difcerning th-ir
God, who had ftudioufly difguiied his coe^lellial
character under ^hename and perfon of acnortal.
(3J. Th^ familiar companions of Jefiis qf Na-
zareth converfed with their friend and country-
rnan, who, in all the adtions of rational and am-
rqal life, appeared of the fapie fpecies with tbem-
felves. His progrefs from infancy to youth and
manhood, was marked by a regular increnfe in
ftaturc and wifdom ; and after a painful agony of
mind and body, he expired on the crofe. He
lived and died for the fervice of mankind : but
the life and death of Socrates had like wife betn [/
devoted to the caufe of religion andjuftice; and
although the floic or the hero may difdam the

humble

3«»<!i^/M|y yivno-irdeci^ fays the Jew Tryphon (Juftin. Dialog, p. loy.^
in the name of his countrymen*, and the mod.m Jew, ihe Fcv/ who
divert their thoughts from money to religion, Hiill liold the lame lan-
guage, »nd allege the liberal fcnie of the prophets.

(3) Chryfoftom (Bafnt:ge, Hilt, des Juifr., torn. v. t. 9. p. 183.)
and Athanafius (Petav. Dogmat. Thcolog. fc-m. v. 1, i. c. i. p. 3.)
are obliged to confcfs that the divinity of Chrin is ra.c'y mcatiojjc4
by himlclf of his apoftlcs.

His birth
tad eleva<

Z3» THE DECLINE AND FALL

humble virtues of Jefus, the tears which he Aect
over his friend and country, may be cfteemed
the pureft evidence of his humanity. The mi-
racles of the gofpel could not aftonifh a people
whohtld, with intrepid faith, the more fplendid"
prodigies of the Mofaic law. The prophets
of ancient days had cured difeafes, raifed
the dead^ divided the fea, (lopped the fun^
and afcended to heaven in a fiery chariot. And
the metaphorical ftyle of the Hebrews might
\i afcribe to a faint and martyr, the adoptive title
of Son op God.

Yet in the infufEcient creed of the Nazarenes
and the Ebionites, a diftinftion is faintly noticed
^onl between the heretics, who confounded the gene-
ration of Chrift in the common order of nature,
and the fefs guihy fchifmatics, who revered the
virginity of his mother, and excluded the aid of
an earthly father. The incredulity of the for-
mer was countenanced by the vifible circum-
ftances of his birth, the legal marriage of his re-
puted parents, Jofeph and Mary, and his lineal
claim to the kingdom of David and the inheri-
tance of Judah. But the fecret and authentic
hiftory has been recorded in feveral copies of the
gofpel according to St. Matthew (4.), which thefe
iedarles long preferved in the original Hebrew
(5) as the foJe evidence of their faitk The na-
tural

(4) The two firft chapters of St. Matthew did not exiR in the Ebi-
onite.copies (Epiphan, Hseraf. xxx. 13.)* s^d the miraculous Concep-
tion is one of the laft articles which Dr. Prieftly has curtailed from
his fcanty creed.

(5 ) It is probable enough that the firft of the gofpels for the nfe of
the J:ewiih convert?, was compofcd in the Hebrew or Syriac idiom :
the fa£V is attefted by a chain of fathcrs'^Papias, IrensBos, Orlgeo^
Jerom, dec. It is devoutly believed by the Catholics, and ad*
mitted by Cafaubon, Grotius, and Ifaac Voffius, among the proteftant
critics^ But this Hebrew gofpel of St. Matthew is nigft uaaccownt-

ab>/

OF THE ROMAN EMPIRE. a39

tural fufpicions of the hufband, confcious of his
own chaftity, were difpeiled by the affurance (in
a dream) that his wife was pregnant of the Holy
Ghoft : and as this diftant and domeftic prodigy
could not fall under the perfonal obfervation of
the hiftorian, he muft have liftened to the fame
voice which dttftated to Ifaiah the future concep-
tion of a virgin. The fon of a virgin, generated
by the ineffable operation of the Holy Spirit,
was a creature without example or refemblance,
fuperior in every attribute of mind and body to
the children of Adam. Since the introduction
of the Greek or Chaldean philofophy (6), the
Jews (7) were perfuaded of the pre-exiftence,
tranfmigration^ and immortality of fouls; and u^
Providence was juftifi^ by a fuppofuion, that
. they were confined in their earthly prifons to ex-
piate the ftains which they had contradtcd in a
former ftete(8). But the degrees of purity and

corruptioa

ably loft ; aad we may tccufe the diligence or fiUality of the ^nrni-
tivc churches, who have preferred the unauthorifed verfion of feme
namelefs Greek. Erai'mus and his foIJower^, who refpe^l our Greek
text 48 the drigiaal gofpel, deprive themlclvet of the evidence whicli
declare? it to be the work of an apoflle. See Simon, Hi^> Critique,
&c. torn. ill. c. $-^9. p. 47'' loi. and the Prolegonnteoa of Mili an4
Wctftein to the New Teftwpnent

(6) The mctaphyfi<;8 of the foul arc difcngagcd by Cicero (TuFcu-
lao. ). i.) 4Bd Maximus of Tyre (DiHertat. xvi.) from the intricacie';
of diaUgue, which fometiooes amufe, and often perpliuc, the readers
of the Pl^Jrus^ the PbaJeity and the Lavri of Plato.

(7) The difciplca of Jefus were perfuaded thai a man might hare
finned hefpre he wa9 born (John, ix. %.)* ^ ^ht Pharifees held the
tranfraigration of virtuous iouis (Jofcph. de Bell. Judaic©,!, ii. c. 7.);
and t modern Rabid is modeftly aifured that Hermes Fythagorar,
Plato, &c. derived their metaphyfics from his illuftrious countrymen.

($) Four different opinions have been entertained concerning the
origin of human fouls, f. That they are eternal and divine, a. That
they were created, in a feparale ftate of exiftence, before their uniow
with the body. 3. That they have been propagated from the original
(lock of Adam, who contained in himfclt the mental as well as the
corporeal feed of hia poftcrity. 4. That each foul is occafiansiUy ere*
ated And embodied in the moment of conceptiQn.*^The laft of thjefe
fentimenis appears to have prevailed among the moderns ; and our fpi-
riiual bidoiy is grown lefs fublimei without becon^ing naore intelli^ihkv

240 THE DECLINE AND FALL

corruption are almoft immeafurable. It might
be fairly prefumed, that the moft fublime and
virtuous of human fpirits was infufed into the
offspring of Mary and the Holy Ghoft (9) ; that
his abafement, was the refult of hfs voluntary
choice ; and that the cbjeft of his miflion was,
to purify, not his own, but the fms of the world.
On his return to his native (kies, he received the
immenfe reward of his obedience ;'^the everlafting
kingdom of the Meffiah, which had been darkly
foretold by the prophets, under the carnal ima-
ges of peace, of conqueft, and of dominion,
Omnipotence could enlarge the human faculties
of Chf ift to the extent of his cocleftial office. In
the language of antiquity, the title of God has
not been feverely confined to the firft parent, and
his incomparable minifter, his only begotten Son,
might claim, w.thoul prefumption, the reli-
gious, though fcpond^ry, worlhip of a fubjeit
world,

II. The feeds of the faith, which had flowly
cid trthc arifen in the rocky and ungrat^fiil foil of Judea,
Docctci. were tranfplanted, in full maturity, to the hap-
pier climes of the Gentiles; and the ftrangers of
Rome or Alia, who never behekl th^ manhood,
were the more readily dil'pofed to embrace the
divinity, of Ghrift. I'he polytheift and the phi-r
lofopher, the Greek and the Bartarjan^j wer^
alike accuftomed to conceive a long fucceffion,
an infinite chain of angels or daemons, or dei-
ties, or asons, or emanations, iffuing from the
throne of light. Nor could it feem ftrange or in-
credible.

,(9) *Or« i m ftfrnp^^ 4^%»»> i ▼» Aiu^ rr— -was one of the
fifteen herefie« imputed to Origcn and denied by his apologift (Photiur,
Bibliothec. cod. cxvii. p. ai6.). Some of the Rabljis attribute one and
the i'atne foul to the pei foos of Adam, David, and the Mcffiah.

OF THE ROMAN EMPIRE. 241

credible, that the firft of thefe aeons, the Lo^os^
or word of God, of the fame fubftance with the
Father, fhoulddefcend upon earth, to deliver the
humin race from vice and error, and to conduft »'
them in the paths of life and immortality. But
the prevailing dodrine of the eternity and inhe-
rent pravity of matter, infeded the primitive
churches of the Eaft. Many among the Gentile
profelytes, refofed to believe that a caeleftial fpi-
rit, an undivided portion of the firft effence, had
been perfonally united with a mafs of impure and ^
contaminated fleflx : and, in their zeal for the
divinity, they pioufly abjured the humanity, of
Chrift. While his blood was ftill recent on
mount Calvary (10), the DoceteSy a numerous
and learned fed of AfiaticSi iavented the phan-
taftic fyftem, which was afterwards propagated
by the Marcionites, the Manichaeans, and the
various names of the Gnoftic herefy (11). They
denied the truth and authenticity of the gofpels, .
a$ far as they relate the conception pf Mary, the
birth of Chrift, and the thirty years that prece-
ded the exercife of his miniftry. He firft ap-
peared on the banks of the Jordan in the form of
perfedl manhood ; but it was a form only, and
not a fubftance ; an human figure created by the
hand of Onmipotence to imitate the feculties and
adions of a man, and to impofe a perpetual illu-
VoL. VIII. R fion

.(10) Apoftolis adhac in fecolo fuperftitibaSy apod Judxtm Chrift i
fanguine recente. Phantasm a domini corpus aflercbacnr. Hiero-
nym. adverf. Lucifer, c. 8. The epiftle of Ignatius to ihe Smyncans,
and even the go(pel according to St. John, are levelled againft the
growing error of the Docetes, who had obtained too much credit in the
world (i John, iv. i — 5.)•
( j i ) About the year 4oo of the Chriftian aera, Ireoxus and Hippo-
lytus refuted the thirty-two fcftp, T<f "^vtm^vfAAi yyA>$M#?9 which had
multiplied to fourfcore in the time of Epiphanius (Phot. Biblioth. cod.
cxx, cxxi, cxxii,). The five books of Irenseus ezift only in barbarous
Latin \ but the original might peihaps be found in fomc monaftery cxf
Greece.

242 THE DECLINE AND FALL

iion on the fepfes of his friends and enemk^. .
Articulate founds vibrated on the ears of the dif-
cipks ; but the image which was imprefled on
their optic nerve, eluded the more ftubbom -evi-
dence o£ the touch ; and they enjoyed the fpiri-
tual, not the corporeal, prefenceofthe Son of
God. The rage of the Jews Was idly wafted
againft an impaffive phantom; and the myftic
fcenes of the paffion and death, the refurreition
and afcenfion crf^Chrift, were r^prefented on the
theatre of Jerufalem for the benefit of mankind.
If it were urged, that fuch ideal mimicry, fiich
inceffant deception, was unwOTtby of the God
cf truth, the Docetes ^reed with too ma^y of.
their orthodo:?^: brethren in the ^ftificatipn ©f
pipus falfehood. In the fyftem of the Gnoftic$,
the Jehovah of IfradL,. the creator of this lower
world, was a rebellious, or at teaft aii iguoraiat
fpirk. The Son d God defdended upon earth
to aboUfti his temple and his law ; apdj, for the
accoriipUfcnient of thi^ falutaiy.efnd, he dexte-
roufly transferred to his own perfon the hope and
predidion of a. temporal Melfiah.
His incor- One of the moil fubtle difpatants of the Mani-
ruptibic bo- chaean fchool, ha$ preffed the danger and-inde-
^' cency of fuJ^fi^g, that the. Gcdofthe Chrif*

tians, in the ftateofan hupaafgetus, emerged
at the end of niii^ rnonthsjfrom 4 femaJe womb.
The pious horror of his antagonift$ provoked
them to difclaim all fenfual circiimftances of con-
ception and delivcfry ; to. maintain, that the di-
vinity paffed through Mary lik^ a fun-beam
through a plate of g'lals ; and to affert, that the
feal of her virginity remained tinbrpken even at
the moment when ftte became the mother of
Chrift. But the raihxiefs of thefe conceffions has
encouraged a milder femiment of thofe Docetes,

who

OF THE ROMAN EMPIRE 24^

who taught, not that Chrift was apbantom, bu^
that he was clothed with an impaflible and in-
corruptible body. Such, indeed, in the more
orthoiiox iyftem he has aciquired fince his refurr
rediion, and fuch he muft have alwap poffefled,
if it were capable of pervading, withoiu refiftT
ayace or injury, the denfity of iatermediate mat*
ten Devoid of its moft effential properties, it
inight be exempt from the attributes and infirmi^
ties of the iSe^fh. AfoBtps that could increaft
jErom an invifible point to its, foil maturity; a
child that co^ld attain the A^ture Qfper&<!^ man-
hood, without deriving aw jaourilhment from
the oidin^Ty fources, might <joptinue to exift
isrithout repaiiiQg a daily jW^ile by a daily fup-
pdy of external matter. Jefus might Ihare.t^c
repafts ctf J>is difciples, wi^^nH being fiibjeft to
the calls c^.thirft or hunger ;. ;aiiiid bis virgin put
rity was never fullied by the involuntary ftains
of fenfual concupifcence. Of a body thus fingu-
lariy Conftitiited, a queftion would anfe, by what
means, andof what materials, it was originally
framed ; and our founder theology is ftartled by
an anfwer which was not peculiar to the Gnot?
tics, that both the form and the fubftance pro-
ceeded from the divine effence. The idea of pure
and abfolute fpirit is a refinera^it of modem phi-
Igfophy ; the incQj:por^al eflence, afcribed by the
anci«[U8 to human fouls, c^leilial beings, and
even the Deity himfelf, does not exclude the no-
tion ofexteaided fpace ; and their imagination
was fatisfied with a fiibtle nature of air, or fire,,
or aether, incomparably more perfeft than the
groffnefs of the material world. If we define the.
place, we muft defcribe the figure, of the Deity.
Our e.:?cperience, perhaps our vanity, reprefents
tbe powers of reafon and virtue under an human
R? form.

244 THE DECLINE AND FALL

form. The Anthropomorphites, who fwarmed
among the monks of Egypt and the Catholics of
Africa, could produce tne exprefo declaration of
fcripture, that man was made after the image
of his Creator (12). The venerable Serapion,
one of the faints of the Nitrian defert, relin-

auiihed, with many a tear, his darling preju-
ice ; and bewailed, like an infant, his unlucky
converfion, which had ftolen away his God, and
left his mind without any vifible obje6l of faith
or devotion ( 13). •
HI. Double III. Such were the fleeting fliadows of the
CcrimiTus. Docetes. A more fubftantial, though lefs fim-
pie hypothefis, was contrived by Cerinthus of
Afia (14,) who dared to oppofe the laft of the
afk>flles. Placed on the confines of the Jewifh
and the Gentile world, he laboured to reconcile
th^ Gnoftic with the Ebionite, -by confefling in

the

(i%) The piJgrim Cafiixn,.^ho vlfited Bg^tpt m xht beginning of the
y*^ century, obfervcs and laoie^^^the ^eign cf ftnthropomorphilm among
ihc monies, who were ntt tonftious tKat they embraced the fyflcm of
Epicurus (Ciccro» de Nat. ^Deonimy i, 18-344. Ab uoivcrfo prope-
modum genere monachorum, qui per Cotam provjnciam Egyptmu mo«
fabantur, pro fimpliciiiitis rfrrore fnfceptum eft, ut eConirario memo*
rfiun^ pontiiicem Yj7^0^^;7tf/> vclut hsrcfl graviffim^ depravatunt^
pars maxima feniorum ab univcrfo fraternitatis corpore. decerncrct da-
le ft andum (CafTi an, Collation. X. z.). As long if St. Auguftin re-
^n lined a Manich^n, hp. va& fcandalized by the * anthropomorphilhi
of the vulgar Catholics.

'•(13) ha eft in oratrone fenex mente confufus, co quod illam
mvh^vt^p^^f imiitgintm Deitatis, quam preponerc fibi in oratiooei
Confucvcrat aboleri'de iHPQordc ientiret, ut in amariffimos Actus, ere-
brofqu^ fingultus repehteprbi'nmpens, in terraip proftratus> cum cjula-
^1^ validiiTinQo proclamarei ; ** HeU me mifcrum '." tulerunt a me Dc-
ummeum, ct quern nunc teneam non habeo, vtl quern adorem, aut
interptllam jam ncfcio. ' Caflian, Collat. x! a.'
• (14) St. John aod Ccrintixu8(A. D. 80. Cleric. Hift. Ecelef. p. 495-)
accidentaljy met in the public bath of Ephefus^ but the apoftUBedfrom
the heretic, left the building ftiould tumble on their heads. This fooi-
i(h ftory, reprobated by Dr. Middleton (MifceUaneous Works, vol. ii.),
\ is related however by Ircnaeus (jii, 3.), on the evidence of Polycarp,

and was probably fuited to thtc time and refidence of Cerinthus. The
obl'olete, yet probably the true, reading of i John, iv, 3.— « Xvit t«p
Iqe-in-^alludc* to %he double natijre of that primitive heretic.

OF THE ROMAN EMPIRE. ^45

the fame Meffiah the fupemaitural uaion of a man
and a God ; and this myftic doftrinc was adoptr
ed with many fanciful improvements by Carpor
crates, BafiUdes, and Valentine (15), tne here-
tics of the Egyptian fchool. lii their eye$, Je.-
sus of Nazareth was a mere mortal, the legiti-
mate fon of Tpfeph and Mary : but he was the
beft and wifeft of the human r^ce, feleded as the
-worthy jinftrunjent to r^ftor^e upon the earth the
worfhip of the true and fupreme Deijty^ When
he was baptized in the Jordan^ the Christ, the
firft of the aeons, the Son of God himfelf, der
fcended pn Jefus in the forrp of a dove, to in^
habit his mind, and dired his adions dpriJ^g the
allotted period of his hainiftryt When the Mef^
fiah was delivered into the hands of the Jews^
the Chrift, an imI^ortal and impaffible being,
forfook his earthly tabernacle, flew back to the pier
roma or world of fpirits, and left the folitary Jefu^
to fuffer, to complain, and to jexpire. But the
juftice and generofity of fuch a defertion are
ftrongly queftionable ; and the fate of an inno-
cent martyr, at firft impelled, and at length
abandoned, by his diyine companion, might
provoke the pity and indignation of the profane.
Their murmurs were varioufly filenced by the
feftaries who efpouifed and modified the double
fyftem of Cerinthus. It was alledged, that

when

(15) The ValentinUns embraced a complex, and almoft incoherent
fyftem. i. Both Chrift and Jefus were sons, though of different de-
grees ; the one a£t Dg as the rational foul, the other as the divine fpirit of
the Saviour. «« At the time of the paffion^ they both retired, .snd* left
only afenfitive foul and an human body. 3. Even that body was {rthe-
real, and perhaps apparent.— Such are the laborious conclufions of
MolKeim. But T much doubt whether the Latin tranflator underftood
Iren£U.«j and whether Ircnsuaand the Valcntiflians underftood ibcm--
fclves.

incarnation
cf A

nan's,

z^6 THE DECLINE AND FALL

vfh^n Jefus was naiied to the crofs, he ^as ^h^
dowed with a miraculous apathy of mind and bo^
dy, which rendered him infenfibte of his appa-^
rent fcifferiiigs. it was affirmed, that thefe mo-
mentary, though real pangs, would be abund-
antly repaid by the temporal reign of a thoufahd
years referved for the Mefliah in his kingdom of
the new Jemfalem. It was infmuatcd, that if he
fufFered, he defervedtb fuffer ; that human na-
ture is never abfolutely perfedl j and that thecrofi
and paffion might ferve to iexpiate the venial

« tranfgreflions of the fon of Jofeph, before hi«

-myfterious union with the Sm of God (i6).

IV. Divine IV. AH thofe who beReve the immateiriality of

incarnation . /. , /- • « i i **

cfApoW- the foul, a fpeciousand noble tenet, mult con-
fefs, from their prefent experience, the incom-
fk-ehenfible union of mind and matter. A fimi-
far union is not inconfiftent with a much higher,
or even with the higheft degree, of mental facul-
ties ; and the incarnation of aYi* aeon or archan-
gel, the moft pcrfedl of created fpirits, does hot
involve any pofitive contradiftion or abfurdity.
In the age of religious freedom, which was deter-
mined by the council of Nice, the dignity of
Chrift was meafured by private judgment ac-
cording to the indefinite rule of fcripture, or rea-
fon, or tradition. But when his pure and pro-
per divinity liad been eftabliftied on the ruins of
Ariariifm, the faith of the Catholics trembled
on the edge of a precipice where it was impoffible

to

(i6) The heretics abnfcd the pa€ion«te-extl«mtt«)o of •* My Ood,
thy G<jd, why haft thoufirfrhn me !** Ronfif^an, who has drawn an
diluent, but inrf^ccnt, parallel between Chrift aiiid Socratieis, forgets
that not a word of impatience or delpair efcajped from the month of the
dying philofopher. "In the MeiHah, Aich fentiments conM be only ap-
parent ; and fuch tli-founding words are properly exjplaioed ars the ap-
plication of a pfalm and prophecy.

OF THE ROMAN EMPIRE. 247

to recede, dangerous to ftand, dreadful to fall ;
and the manifold inconveniences of their creed,
were aggravated by the fublime character of
their theology. They hefitated to pronounce ;
that Gcd himfelf, the fecond perfon of an equal
and confubftantial trinity, was manifefted in the
flefh(i7) ; thctt a being who petvades the unir
verfe, had been confined in the womb of Mary j
that his eternal duration had been marked by the
days, and months, and years of human exift-
ence ; that the Almighty had been fcourged and
crucified ; M^/his impaflible effencehad felt pain
and anguifh ; that his cmnifcience was not ex-
empt from ignorance 5 and that the fource of life
and immortality expired on Mount Calvary,
Thefe alarming confequences were affirmed with
unblufhing limplicity by Apollinaris (18), bi-
fliop of Laodicea, and one of the luminaries of
the church. The fon of a learned grammarian,
he was (killed in all the fciences of Greece : elo-
quence, erudition, and philofophy, confpicuous
in the volumes of Apollinaris, were humbly de-
voted to the fervice of religion. The worthy

friend

(17) This ftrongexprcflipn might be JQfllfi^edby the language of St.
Paul (i Tim. iii. \6.) \ but we arc deceived by our modern Bibles.
The word v ('wbicb)-wz% altered to 9to^ (^•^) *t Conflantinople in the
beginning of the vi*** century s the true reading, which is vifible in the
Latin and Syriac verfions!, ftill exifts in the reafoning of the Greek, as
well as of the Latin fathers ; and this fraud, with that of the three ivit'
neJfesofSt.Jahny is admirably detefkedby Sir Ifaac Newton (Sec hi«
two Leuers tran^ated by M. de MtHy, in the Journal Britannique, torn.
XV. p. i48-r-i90. 35.1— -jpo.) I have weighed the arguments, axu)
may yield to the authority of the firft of phUoiophers, who was deeply
jlcilled in critical and theological Itudies.

(18) For Apollinaris and his fe£t, fee Socrates, 1. li. c. 4^. I. iii. c.
x6. Sozomea, I. ▼. c. 18. I. vi. €.45. 17, Theodoret, I. v. 3. 10,
1. 1. Tillemont, Memoires Ecclefiaftiqnes, torn. vii. p. 60% — 638.
Not. p. 789—794. m 4**, Vcnife, 173a. Tlje contemporary faints al«
ways mention the bilhop of Laodicea as a friend and brother. The ityle
of the more recent hidorians is harih and hoftile ; yet Phlloftorgius
compares him (1. vii*. c. ii-tisO^^ BafiUnd Gregory,

M^ THE DECLINE AND FALL

friend of Athanafius, the worthy antagonift of
Julian, he bravely wreftled with the Arians and
Polytheifts, and, though he affeded the rigour of
geometrical demonftration, his commentaries
revealed the literal and allegorical fenfe
of the fcriptures. A myilery, which had long
floated in the loofenefs of piopular belief, was
defined by his perverfe diligence in a technical
form ; and he firft proclaimed the memorable
words, " One incarnate nature of Chrift," which
are ftill re-echoed with hoftile clamours in the
churches of Afia, Egypt, and Ethiopia. He
taught that the Godhead was united or mingled
with the body of a man ; and that the Logos^ the
eternal wifdom, fupplied in the flefh the place
and office of an human foul. Yet as the profound
dodtor had been terrified at his own ra(hnefs,
Apollinaris was heard to mutter fome faint ac-
cents of excufe and explanation. H6 acquiefced
in the old diftinction of the Greek philofophers,
- between the rational and fenfitive foul of man ;
that he might referve the Logos for intelle<5tual
funAions, and employ the fubordina,te human
principle in the meaner adions of animal life.
With the moderate Docetes, he revered Mary as
the fpiritual, rather than as the carnal, mother of
Chrift, whofe body either came from heaven,
impaffible and incorruptible, or was abforbed,
and as it were transformed, into the eflence of
the Deity. The fyftem of Apollinaris was ftre-
nuoufly encountered by the Afiatic and Syrian
divines, whofe fchools are honoured by the names
of Bafil, Gregory, and Chryfoftom, and tainted
by thofc of Diodorus, Theodore, and Neftorius.
But the perfon of the aged biftiop of L/aodicea,
his charaAer and dignity, remained inviolate ;

and

OF THE ROMAN EMPIRE. 249

and his rivals, fmce we may not fufpeft them of
the weaknefs of toleration, were aftoniflied, per-
haps, by the novelty of the argument, and dif-
fident of the final fentence of the Catholic church.
Her judgment at length inclined in their favour ;
the herefy of Apollinaris was condemned, and the
feparate congregations of his difciples were pro-
fcribed by the Imperial laws. But his principles
were fecretly entertained in the monafteries of
Egypt, and his energies felt the hatred of Theo-
philus and Cyril the fucceflive patriarchs of Alex-
andria.

V. The groveling Ebionite, and the phantaf- Y- Ortho-
tic Docetes, were rejefted and forgotten ; the re- and vcTb^
cent zeal againft the errors of Apollinaris, redu-r difpuu*,
ced the Catholics to a feeming agreement with the
double nature of Cerinthus. But inftead of a
temporary and occafional alliance, they eftabliflied^
and we dill embrace,' the fubftantial, indiflblu:-
ble, and everlafting i^nion of a perfect God, with
a perfedl man, of the fecond perfon of the trini-
ty with a reafonable foul and human flefh. In the
beginning of the fifth century, the unity of the
two natures was the prevailing doftrine of the
church. On all fides, it wasconfefled, that the
mode of their co-exiftence could neither be repre-
fented by our ideas nor exprefled by our lan-^
guage. Yet a fecret and incurable difcord was
cheriftied, between thofe who were moft appre-
henfive of counfounding, and thofe who were
hioft fearful of feparating, the divinity, and the
humanity of Chrift. Impelled by religious fren-
zy they fled with adverfe hafte from the error
which they mutually deemed moft deftruAive of
truth and falvatiom On either hand they were
anxious to guard, they were jealous to defend,
- the

25a THE DECLINE AND FALL

the union and the diftinclion of the two natures^
and to invent fuch forms of fpeech, fuch fymbols
of do(flrine, as were leaft fufceptible of doubt or
ambiguity- The poverty of ideas and knguage
tempted them to ranfack art and nature for every
poffible comparifon, and each comparifoh m.fled
their fancy in the explanation of an incomparable
myftery. In the polemic microfcope, an atom.
is enlarged to a monfler, and each party was
flcilful to exaggerate the abfurd or impious con-
clufions that might be extorted from the princi-
ples of their adverfaries. To efcape froni each
others^ they wandered through many a dark and
devious thicket, till they were aftonifhed by the
horrid phantoms of Cerinthus and Apollinaris^
who guarded the oppofite iffues of the theologi-
cal labyrinth. As foon as they beheld the twi-
light of fenfe and herefy, they ftarted, meafured
back their fteps, and were again involved in the
gloom of impenetrable orthodoxy. To purge
themfelves from the guilt and reproach of dam-
nable error, they difa vowed their confequences,
explained their principles, excufed their indifcre-
tions, and unanimoufly pronounced the founds
of concord and faith. Yet a latent and almoft
mvlfible fpark ftill lurked among the embers of
controverfy : by the breath of prejudice and paf-
fion, it was quickly kindled to a mighty flame,
and the verbal difputes (r9)^pf the Oriental
fedls have Ihaken the pillars^'of the church and
fiate.

The

(19) I appeal to the confeffioa of two^Oricatal prelate^ Gregory

Abttlpharagius the Jacobite primate ef the Eafl, and Elias the Neflo-
rian metropolitan of Damafcas (fee Affeman- Bibliothec. Oriental, torn.
n, p. 291. torn. ill. p. 514, &<:•), that the Melchites, Jacobites, Nef-

torians^

OF TH£ ROMAN EMPIRE. 1151

The name of Cyril of Alexandria is ^^^^^^^Yuch^f
in controverfial ftor>, and the title of faint ^ is a Ai«andriii,
mark that his opinions and party have finally ^^- ^'*»
prevailed. In the boufe of his uncle, the arch-— a! d/
biftiop Theophilus, he imbibed the orthodox ^^^^^
kfibns of zeal and dominion, and five years of *^'
his youth were profitably fpent in the adjacent
monaileries of Nitria. Under the tuition of the
abbot S'^rapion, he applied himfelf to ecclefiaf-
tical ftudies, with fuch indefatigable ardour,
that in the courfe of one flceplefs night, he has
perufed the four gofpels, the catholic cpiftles,
and the epiftle to the Romans. Origenhede-
tefted ; but the writings of Clemens and Dio-
iiyfius, of Athanafius and Bafil, were continually
in his hands : by the theory and praftice of diC-
J)ute, his faith was confirmed and his wit was
iharpencd ; he extended round hts cell the cob-
webs of fcholaftic . theology, and meditated the
Works of allegory and metaphyfics, whofe re-
mains, i!i fe*en verbofe folios, now peaceably
flumbcr by the fnk of their rivals (20). Cyrii
played and failed in the defert, but hi? thoughts
(it is the reproach of a fi-rend — 21) were dill
fixed oh the world ; and the call of Thcophilus,
who fummoned him to the tumult of cities and

fynods,

torisns, Bee. agree ib tbe dtffrinej tnH differ only ib* tfie •Mpre^Hm^
Our moft Ictrned and rational divioe^— Bafnage^ Le Clcrc, Beaufobre^
La Croze, Mofheim, Jablooiki-— are inclined to favour this chariubie
jndgment 1 but the zeal of Petavius is loud and angry, and the mode*
ration of Dnpin is conveyed in a whif^er.

(20) La Croze fHift. do Chriftianifme des Indes, tdtn. i. p. 24.)
avows his contempt for the genius and writings of Cyfil. Die cous lea
dnvrsges des aneienfi, il y en a peu (|a*0ii Hie iNtc fttoitts d^etilit\e ;
and Dupin (Bibhoth^que Ecckefiailique, torn. fv. p. 4t;-*-«5i«)9 'A
words of refpe£l, ceachies us to de/^ife them.

(jii)Of Ifidortof Pelufiiim(I. i. epift. <s$. p. 8.). As the lettttr
is not of the moft creditable fort, TiUeifltfttt, kfii fiiitisi'e ttetnihe Bd]<»
landiftsy affects a doubt whether this Cyril is the nephew 0f Thcophi*
iw(Mem. Bcclef. torn. xiv« p: atf8»)«

252 THE DECLINE AND FALL

fynods, was too readily obeyed by the afpiring
hermit* With the approbation of his uncle, he
affumcd the office, and acquired the fame of a
popular preacher. His comely perfon adorned
the pulpit, the harmony of his voice refoundcd
in the cathedral, his friends were ttationed to lead
or fecond the applaufe of the congregation (22),
and the hafty notes of the fcribes prefer ved his
difcourfes, which» in their efFeft, though not in
compcfition, might be compared with thofe of
the Athenian orators. The death ot Theophilus
expanded and realifed the hopes of his nephew.
The clergy of Alexandria was divided ; the fol-
diers and their general fupported the claims of
the archdeacon ; but a refiftlefs multitude, with
yoices and with hands, aflerted the caufe of their
favourite ^ and, after a period of thirty-nine
years, Cyril was feated on the throne of Atha*
pafius (23),
?*' A "a y^^ P^'^^ ^^^ ^^^ unworthy of his ambition.
4i3> 4'4,' At a diftance from the court, and at the head of
41 5> &c. ^^ irpmenfe capital, the patriarch, as he was now
ftyled, of Alexandria Ijad gradually ufurped {he
ftateand authority of a civil magiftrate.- The
public and private charities of the city were
managed by his difcretiop v his voice injSamed
or appeafed the paflions of the multitude -, his
commands were blindly obeyed by his nu-
merous and fanatic parabolani (24), familiar ifed
............ .^

{%%) A grammarian is named by Socrates (I. yit, 13.)
fttdtxwpocr ti uxpoxrnt ra i^ttrxOTrn Kv^iXXa xutfi^^Ty xeti «t-

(z3) See the youth and firomotion of Cyril, io Socrates (L vii.c. 7.)
aad Renaudot (Hjft. .Patria/ch. Alcxandrin. p. 106. icA.), The
Abbe Rehaudot drew his materials trom the Arabic hiftory of Sevcruy,
hiihop of Hermopolis Magna,* or AQimunein, in the x'*» century, who
can never be trufted, 'unlci's our affeflt is extorted by the internal cvi *
dence of fadk*. • ^

(24) The Para^lani of Alexandria were a cha'ritable corporation,
laftitvucd during the plague of Gallieaus to vifit the fick and to bury

th-»

OF THEROMAN EMPIRE. 253

in their daily office with fcenes of death ; and
the praefefts of Egypt were awed or provoked by
the temporal power of thefe Chriftian pontiffs.
Ardent in the profecution of herefy, Cyril auf-
picioufly opened his reign by oppreflmg the No-
vatians, the moft innocent and harmlcfs of the
fedlaries. The interdidtion of th^ir religious
worfhip, appeared in his eyes a juft and merito-
rious aft ; and ha confifcated their holy veflels,
without apprehending the guilt of facrilege.
The toleration,' and even the privileges of the
Jews, who had multiplied to the number of forty
thoufand, were fecured by the laws of the Caefars
and Ptolemies, and a long prefcription of feven
hundred years fince the foundation of Alexan-
dria. Without any legal fentence, without any
royal mandate, the patriarch, at the dawn of
day, led a feditious multitude to the attack of
the fynagogues. Unarmed and unprepared, the
Jews were incapable of reflftance j their houfes
of prayer were levelled with the ground, and the
epifcopal warrior, after rewarding his troops with
the plunder of their goods, expelled from the
city the remnant of the unbelieving nation. Per-
haps he might plead the infolenceof their prof-
pierity, and their deadly hatred of the Chriftians, .
whofe blood they had recently flied in a mali-.
cious or accidental tumult. Such crime;? would .
havedeferved the animadverfion of the magif-'
trate. ; but in this proniifcuous outrage, the inno-\

cent'

the dead, They gradually enlarged ; abufed and fold the privileges of
their order. Their outrageous condudl under the reigp of Cyril pro-
voked the emperor to deprive the patriarch of their nomination^ and
Co reftrain their number to five or fix hundred. But thefe reftrainti
were tranfient and inefFcftual. See the Theodofian Code, 1. xvi. tit.
ji. and Tillcmoot, Mem. Ecdcf. torn, xiib p. 175—278.

^54 THE DECLINE AND FALL

cent were confounded with the guilty, and Alex-
andria was irnpoveriflied by the lofs of a wealthy
and induftrious colony. The zeal of Cyril ex-
pofed him to the penalties of the Julian law ^
but in a feeble government, and a fuperftitbus
age, he was fecure of impunity, and even of
praife. Orefte$ complained \ but his juft com-
plaints were too quickly forgotten by the minif-
terB of Theodofius, and too deeply remembered
by a prieft who afedted to pardon, and conti-
nued to hate, the prg^feft of Egypt. As he
paffed through the ftreets, his chariot was af-
faulted by a band of five hundred of the Nitrian
monks i his guards fled from the wild be^fts of
the defert $ his proteftatipn$ that he was a Chrif-
tian and a Catholic, were anfwered by a volley
of ftones, and the face of Oreftes was (;x>verecl
with blood. The Jqyal citizens of Alexandria
haftened to his refcue ; he inftantly fatisfied his
juftice ^nd revenge againft the monk by whofe
hand he had been wounded, and Ammonius ex^
pired under the rod of the lidor. At ^e com-
mand of Cyril, his body was raifed &om the
ground, and tranfport!^, in ibiemn procefGoo, to
the cathedral ; the iiame of Aqimonius was
changed to that of TThaumaftus the wonderful ;
Ws tomb was decorated with the trophies of mar-
tyrdom, and the patriarch gfcended the pulpit
19 celebrate the magnanimity of an aflaflSn and
a rebel. Such honours might incite the faithful
tp combat and die under the banners of the faint 5
and Tie foon prompted, or accepted, the facri-
fice of a virgin, who profeffed the religion of
the Greeks, and cultivgited the friendfhip of
OreUes, Hypatia, the daughter of Theon the

^athe-

OF THE ROMAN EMPIRE, 255

mathematician (25), was initiated in her father's
ftudies i her learned comments have elucidated
the geometry of ApoUoriius and Diophantus,
and fhe publicly taught, both at Athens and
Alexandria, the philofof^y of Plato and Arif-
totle. In the bloom of beauty, and in the ma-
turity of wifdom, the modeft maid refufed her
lovers and inftru<5led her difciples ; the perfons
nx>ft illiiftrious for their rank or merit were
impatient to vifit the female philofopher ; and
Cyril beheld, with a jealous eye, the gorgeous
train of horfes and (laves who crowded the
door of her academy. A rumour was fpread
among the Chrillians, that the daughter of
Theon was the only pbftacle to the recon-
ciliation of the praefed and the archbifhop j
and that obftacle was fpeedily removed. On a
fatal day, in the holy feafonof Lent, Hypatia
was torn from her chariot, ftripped naked,
dragged to the church, and inhumanly but-
chered by the hands of Peter the reader, and
a troop of favage and mercilefs fanatics; he/
flefh was fcraped from her. bones with oyfter^
fhells (26), and her quivering limbs were de-
livered to the flames. The juft progrefs of en-
quiry and puniftiment was Hopped by feafonabie

gifts

|iS) l^or Theon, and 2us daughter Hypatia, fee Fabrk:ias, Biblio-
othec. torn. viit. p. 2io, xit. Her arucle in the Lexicon of Soidas
is curious and original. Uefychius ( Meurfii Oj>era, torn, v'd, p. 295,
«96.) obfefve*, that (he was pcrfccutcd J<flf rr,v t;?rs^/S«XX»r«i» fptt^p 5
and an epigram in the Greek Anthology (I, L c. 75. p. 159.
edit. Brod«i) celebrates her knowledge aiid eloquence. She is honour«
ably mentioned (Epift. 10, 15, i^. 33 — 80. 124. 13$, 153.) by her
i ri end and difciple the philbfophic bifliop Synefms, '

^26) OfTftuitcis 4^m.Afii> Kept f^Knt** Jmp5T««'*i'tio', 8pc. OyP-
ter-(hells were plentifully ftrewed oa the fca-beach before the Cefa^
reum. I may therdForc prefer the literal fenfe, without rejciSling tte
metaphorical verfion of ifgn!^, tiJps which is ufcd by M. dc Vajois.
lam ignorant, and the affaiCns wew prptably regaxdltfs, whcihacr
their victim was yet alive.

256 THE DECLINE AND FALL

gifts ; but the murder of Hypatia has imprinted
an indelible ftain on the chara<5ter and religion
of Cyril of Alexandria (27).
KcftorittK, Superftition, perhaps, would more gently ex-
CooftMtV^P^^^^ the blood of a virgin, than the banifhment
nopie of a faint ; and Cyril' had accompanied his uncle
liriiit!'* to the iniquitous fynod of the Oak. When the
memory of Chryfoftom wa? reftored and confe-
' ' crated, the nephew of Theophilus, at the head
of a dyings fadtion, ftill maintained the jufticeof
his fentence; nor was it till after a tedious delay
and an obftinate refiftance, that he yielded to
the confent of the Catholic world (i8). His en-
mity to the Byzantine pontiffs (2g) was a fenfe
of intereft, not a fally of paflion : he envied
their fortunate ftation in the funftiine of the Im-
perial court ; and he dreaded their ifpftart ambi-
tion, which oppreffed the metropolitans of Eu-
rope and Afia, invaded the provinces of Antioch
and Alexandria, and meafured their diocefe by
the limits of the empire. The long moderation
of Atticus, the mild ufurper of the throne of
Chryfoftom, fufpended the animofities of the
eaflern patriarchs j but Cyril was at lenjgth awak-
ened by the exaltation of a rival more worthy
of

fz7)There exploits of St, Cyril are recorded by Socrates (1. vii. c.
*3> '4> '5') » ^^^ '^^ tnoH relu£!ant bigotry is cc^mpcUed to copy an
hiftorian who coolly ftylcs the murderers of Hypatia ccffpia- tp 0fi^vnuet
$f$%pfC6(. At the mention of that injured name, I am picsfed to
o^ferve a blu(h on the check of Baronius (A. D. 415, N<» 48.). '

(z8) He was deaf to the entreaties of Atticus of Conftantinopic,
and of Ifidore of Pel»fiam, and yielded only (if we may believe Nicc-
phorus^ 1. xjv. c. 18.) to thepcrfoijal interceffion of the virgin. Yet
in his laft years he ftill muttered that John Chryfoftom had been juftly
condemned (Tillemont. Mem. Ecctef. torn. xiv. p. ijS-^zZz, Ba-
toniua, Ecclef. A. D. 41 z, N» 46 — 64.).

(29) See their chara£iers in the hiftory of Socrates (I. vii. c. 25—.
z8.); their power and pretenfions, in the huge compilation of Tho*
maffin (Difi^iplioe de l^&glife, (om, i. p. 80-^^1.},

• OF THE ROMAN EMPIRE. zsi

of his efteem and hatred. After the fhort and'
troubled reign of Sifinnius bifhop of Conftanti-
nople, the factions of the clergy and people
were appeafed by the choice of the emperor,
who, on this occafion, confuUed the voice of
fame, and invited the merit of a ftranger, Ne-
ftorius(3o), a native of Germanicia, and a
monk of Antioch, was recommended by the
auflerity of his life, and the eloquence of his:
fermons ; but the firft homily which he preached '
before the devout Theodoiius betxayed the acri-
mony and impatience of his zeal. ^^ Give me,
** O Caefar,'* he exclaimed, " give me the
** earth purged of heretics; and I will give you
*^ in exchange the kingdom of heaven* Exter-
** minate with me, the heretics ; and with you,
** I will exterminate the Ferfians." On the -
fifth day, as if the treaty had been already fign-
ed, the patriarch of Conftantinople difcovered,
furprifed, and. attacked a fecret conventicle of
the Arians : they preferred death to fubmiflion ;
the flames that were kindled by their defpair,
, foon fpread to the neighbouring houfes, and thp
triumph of Neftorius was clouded by the name
of incendiarv.^ On either fide of the Hellefpont,
his epifcopal vigour impofed a rigid formulary of
faith and difcipline ; a chronological error con-
cerning the feftivSil of Eafter was punifhed as an
offence againft the church and (late. Lydia and
Caria, Sardes and Miletus, were purified with
the blood of the obflinate Quartodecimans ; and
the edidt of the emperor, or rather of the patri-
arch, enumerates three and twenty degrees and
denominations in the guilt and punimment of

(30) Hit elevfttion and conduce tre defcribed by Socrfttet (1. vii. c
19, 3 1.) ; and Marcellinns fccms to have applied the io4iieotic (atis, fa<«
pieotic parniDy of Si||itt(U *

Vpt. Vffl. S herefy

4^t THE DECLINE AND FALL

bef^fy (31). But the fword of perfecutioii,
which Neftorius fo furioufly wielded, was foon
twiied againft his own breaft. Religion was
the ptetence ; but, in the judgment of a con*
temporary faint, ambition was {he genuine
motiveot epifcopal warfare (^2).
HUhercfy^ fe the Syrian fchool, Neftorrus had been
4*9^43 «. t^^ght to abhor the confufion of the two na-
tures, and nicely to diicriminate the humanity
^ of ^ mqfier Chrift from the divinity of the Lord
JeAi^ (33)- The Meffed Virgin he rerered as
the mother of Chrift, but his ears were offended
with the rafh and recent title of mother of God
(!34\ which hard been infenfibly adopted fince
the origin- of the Arian controverfy. From the
pulpit of Conftantinople, a friend of the patri-
arch, and afterwards the patriarch himfelf, re-
peatedly greached' againfl the ufe, or the abufe,
of a word- (3^5) unknown to the apoftles, uti-

(31) Cod. Tkeodot 1^ xv) til. ▼. leg. f$. with the iriuftraiont of B*-
ro.o'm.«.(A. D. 4Si8«. N^' a$».d;c), Godctroy (ad iocum), and Pi%i). Cri-
tics, torn. H. p. io9r),

{if).ifn^9rco§ fe!|uAum.()- iy.cfiif). $7.)^ Hit WordiAtcftroogind ^
fcandalousTi Bavfrni^fiitj u mi wr vtft irpay/AA 6ii«r meu Xayu Mfttrl<n *
li n ^<»if i» flr^^iroiavTAi vm ^"kaf^ta^ tx0dKj(tvofjt»*ci. Tfidore is t faint, buC
hemvcr became ^ hatkop.-^ sod t iralf fmjfiea that the pride of Diogcaw
iratnpled 00 the pridf of Plato^

(3^) La Cf«2e (ChfiftianifiDe dec fades, torn. ». p. 44—53. Thefsu-
nu EpiftolUiM Lf Cr»«4anmi torik Hi. p it^-— 280.) has dete£!ed tUe oft
of « Jio^oTUff, »nd xu^oc ino-utf ucbich, la the ivth, yth, and vii*> centn-
rUi» dffcriniHNMea (h4 School of Diodoras of Tarfns and his Nefforraai
diicipief. .

(34) ^o-VH^'^Deipara : as in zoologj^ we famiiiarlf fpeak of ovi*
f tf •» a«A viviparous •nittNrie. H finM eaf^ to fix the ia vefitioa-* of thia
w.or4» which l«a.Croz« (CbriQianifiBit d«s fndSea, torn. L pi 16.) »fcrib<»

* to Evfebittt of Oefftrea and thfr Arians. Tbe crthodox tefUmooies ace
fCOiiiRed by <^yrift aad P^faviic (Donnafi. Tb4ok»g. toiH. v. b v. c. r$.'
|). Z|^4,.&c0> but . tbe. veracity o£ fhe faint is quefliooahie, and tb«
epiHti^t of 6i«9«jeo$ iileafify flfd^a from the margin to tbe texi of ft Ca«
tWiC.M%

(35) Bafnage, in his Hiftoire de l*Eglifc, ft work of controvcrfy (torn.
J. p. 505. )i juftifi" the mother, by tbe blood, of God (A«s, xx. 18.
wiih Miirs various reftdings). Bat the Greek MSS. are far fromunani-
motta i ftjod the primitive ftyleof tbe blood of ChriH is preferred in the
Syriac rerfion, even in thofe copies which were ufed by the ChriRiansof
6i. Thomas on the coall of Malabar (La Crose, ChriAiamfmedes Indea«
torn. i. p. 347.) The jealottfy of thf Neitoriana and Monophyfitea haa
^l^ftrded the purity of their t^t.

authbrifed

OF THE ROMAN EMPIRE. H9

aitthdrifed b| the ibiirch^ and which coqIA oiil^
tdnd to ahrm the tiinor6as^ to ^iflead the (itnp!e>
to amtife the piofinti and t6 juftify, by a feem*-
m^ refehiblance^ the old genealogy of Olym*
pu8 (36). in his calmer moments Neftoriits
confeiTed, that it ihight be tM^rated of ekcofed
by the Union of the two natures, and the ctm^
munication of their idiarAi (37) : btit he Was ex-
afperated, by tontradifbtcAi, to difclaim tfa^
worfhip of a new-born^ an infant Deity^ to draw
his ihadeqaate firtiilies from! the cot^ugsll or civil
partnerfliips of life, and to defcribe the flianhoo/d
of Ghrift as the robe, the inftruihent, the taber^
nacle 6f his Godhead. At thefe btafphemond
founds, the pillars of the fanfhiary wer6 fhakdi^
The unfuc^efsful coftipetitors of NeftoHus ih-i
dulged their pious or perfonal refentment, the
Byzaiftine clergy was fecretly difpldrfed with the
intriifion of a nranger ; whatever is fuperftitiou?
or abfurd^ might claim the prot66):ion of thid
inonks ; and the people Was interefted in the
glory of their vii^^in patronefs (38). Thei fefi
mons of the archbifhop, and iher fervicd of ihA
altar, were diflufbed by feditioos chtmour ^ faitf
autfaoi^ity and dodrinb were renounced 6y fepa-
rate cohgregatidns ; every wind ftatterdd round
the empire the leaves of codtroVerfy ; and the
voice of t!he combatants on a fonorous theatre
rc-BChbed in the cells of Paleftitte and Egypt;
It was the dutjy of Gyril to enlighten iiie ieot
and ignorance of his inhum^able mofaks : inthl^

(}6) Th^ Pagtal of E^ypt slreafly IkugfaiEfd tt the new Cvf)clc of M
Chriftia08(t2dror. {..i epi'ft. 54.): a letter w|* forged in the name of
rifjpatia, t6 ridlctoU th4 theology of hifr 'aiTaflfii (Synodicbnt c. 116. nt
iv.' t6iti. Con^il. p. 484.)- lo t^e ^^m«. of NasfoR 1 vs, Bajrle hasTcati
rtred rothcf loofe philbfophy ontHeworUip'of the Virgin Mary.

(37) The arriWiCof the Greeks, a mutual loan or trantfer of the
idioms or prop^rtiee of each niitar^ tb the otber«*of inflbity to' miui,
paflibjlity to God, &c. Twelve rules on thi% aicefl of fbbjedta compoTf
the Tbeolofkal Grammar of PetiiViua (Oogmftta Theology tem. v. ). in
c. 14, 15. p. ft09,&c).

(iS) See Oacaoge, C. P. ChriAiana. 1. i. p. 30, See.

S 2 fchool

26o THE DECLINE AND FALL

fchooi of Alexandria, he had imbibed and pro-
fieflbd the incarnation of one nature ; and the
fucceflbr of Athanafius confulted his pride and
ambition, when he rofe in arms againft another
Anus, more formidable and more guilty, on the
fecond throne of the hierarchy. After a fhorl
correfpondence, in which the rival prelates dif-
guifed their hatred in the hollow language of re-
tpe& and charity, the patriarch of Alexandria
denounced to the prince and people, to the £aft
and to the Weft, the damnable errors of the
Byzantine pontiff. From the Eaft, more efpe-
cially from Antioch, he obtained the ambiguous
counfels of toleration and filence, which were
addreffed to both parties while they favoured
the caufe of Neftorius. Bub the Vatican re*
ceived with open arms the meffengers of Egypt.
The vanity of Celeftine was flattered by the ap«
peal ; and the partial verfion of a monk decided
the &ith of the pope, who, with his Latin cler-
gy, was ignorant of the language, the arts, and
the theology of the Greeks. At the head of an
Italian fynod, Celeftine weighed the merits of
the caufe, approved the creed of Cyril, con-
demned the fentiments and perfon of Neftorius,
degraded the heretic from his epifcopal dignity,
allowed a refpite of ten days for recantation and
penanc^, and delegated to his enemy the execu-
tion of this raih and illegal fentence. But the
patriarch of Alexandria, whilft he darted the
thunders of a god, expofed the errors and paf-
lions of a mortal : and his twelve anathemas (39)
ftill torture the orthodox flaves, who adore the
memory of a faint, without forfeiting their al-
legiance to the fynod of Chalcedon. Thrfe bold

(39) ConciL torn. tii. p. 943. They have never been iireSfy approved
by the chirch (TillemonC, Mem. £cclef. com. xiv. p. 368-^371.). I
•Imdft pity the agony of rage and ibphiftry with which Petaviut feemt tA
be agitated in the ^\^^ book of his Ckigroata Theologica,

aflertions

OF THE ROMAN EMPIRE. 261

aflertions are indelibly tinged with the colours
of the ApolUnarian herefy : but the ferious, and
perhaps the fincere, profeflions of Neftorius have
fatisfied the wifer and lefs partial theologians of
the prefent times (40).

Yet neither the emperor nor the primate ofp»rft«>oncii '
the Eaft were difpofed to obey the mandate of-A. D!'4?r
an Italian prieft; and a fynod of the Catholic9>»«-Oc-
or rather of the Greek churchy was unanimoufly****^''
demanded as the ible remedy that could appeafa
of decide this ecclefiaftical quarrel (41). Ephe-
fus, on all fides acceflible by fea and land, was
chofen for the place, the feftival of Pentecoft
for the day, of the meeting : a writ of fummons
was difpatched to each metropolitan, and a guard
was ftatioiied to protect and confine the fathers
till they (hould fettle the myfteries of heaven,
and the faith of the earth. Neftorius appeared
not as a criminal, but as a judge; he depended
on the weight rather than the number of his
prelates, and his fturdy flav^s from the baths of
Zeuxippus were armed for every fervice of injury
or defence. But his adverfary Cyril was more
powerful in the weapons both of the*flefli and of
the fpirit. Difobedient to the letter, or at leaft
to the meaning, of the royal fummons, he was
attended by fifty Egyptian bilhops, who ex-
peded from their patriarch's nod the infpiratioa

(42) Sach tt the rttiontl Ba(oage (ad com. i. VtrUr. Leaion. Caoifii
in Prasfat. C. ii. p. ii — ^13.) and La Croxe, the univerfal fcholar (Chrif-
tianifme dt^ Indet, torn. i. p. i6*»ao. De PEthiopie> p. a5, a;. Thc-
faur. Epift. ^.1769 See. 183. ft 8$.). HU free fentenceis confirmed bf
that of bis friends Jablooiki (Thefaur. Epifl. torn. i. p« 193— *ftOi.) and
Mo(beim (idem, p. 304. Neftorium crimine caraifle eft et mea fenten-
tia) ) and three more refpeaable judges wtl^l aot eafily be fonnd. Afle-
man, a learned and modeft ilave, can iarJh difcern (Eibliothec. Orieat«
torn. IT* p. 190—124.) the goilt and ermirot the Heftoriant.

(41) The origin and progrefsof the Neftorian coniroverfy, till the ^

fyaod of Ephefos, may be found in Socrates (1. vii, c. 31.), Evagrius (1.
i. c. I, ft.), Liberatos (Brev. c. 1— 4.)> the original Aas (Concil. torn,
iii. p. $$1—991* edit. VeBife, 1728), the Annals of Baronias and Pagi,
■od the faithful coUeatons of Tillemont (Mem* Ecclef. torn. xiv. p. 283

z6t THE DECLINE ANU PALL

of the Holy Cboft. He lia4 Cfmrf^^i m INi?
mate ^Ukac^ vilh Metn^on l>ilbop pf £p}i6iW-
The ieSf^iic pHm»t« of Afid 4if^fiB4 Qfthh F^4y
fuccQuri of thirty or forty <^pifppp»l YPif# ; ?
crowd of peafants, the flaves of tkf c^nwk^ W^
poored into tlie city tq fuppPTt wkk bH^yfp s^^d
jplaimmrs a metapbyficil argwinffit j ?n4 tl|g
people acaloUfly aifcrted the hpnpttr pf th§ ^br
gin, whofc body rcppfe4 t¥itbi>i th^ Mr*H? pf
Ephel>ip (42). Tbf l^st whi<:h b94 trapfpftTt^
Cyril frotji Alexandria w?3 hdm mtU thp riehi^s
ot Egypt ; and he difembarked a »4»erpu5 tjody
of mariners^ fiay^e^, snid fanatifcf 9 enli(};$(i witk
hlmfi obedience under the bian|ii$r pf ^, |^r|^
' and th^ mother ofGod^ . The fathe«» ^n4 pv^p
the guardu, of ttextoncil v^rf avfpd by this
njartiai array ; Ihf adyerfa?ie§ pf Cyri) aftd Mjry
were ipfulted in the ftre^ts, or thregtpii^d in
their hiaufes ; bb efeqeeftcp an^ Ub^rMity wade
a daily encreafe in thefittmber :Qf hw 4dber^ts 5
and the Fgypttan fopA cpmputs^d that he mghi
command the attendance and th^ ^oi^et^ €^ tW9
hundced biibops (45)* Kut ^f: 3uthpr of dba
twcliic anathemas forefaw a?ad Ax^^^ th§ opr
pofitiott of John of Amipffh, wbp, with ji fm^h

deaiK.tndburialpf M><'y- ' '^^^ fra^dition of Eih^faft is '«mrrhed by tht

torn. iii. p. I'loi ) > yet it hat been ruperredt:1 oy the claim of Jerufaiem;
«q.cl h(;j^ ^*"^(| I'cpulchre, as it was (hewn to the pilgrims, produced the
fable of Jief inefprrefHon and ^fTttrnpiioo, iit Whtfih tl^ Creek €ud Lttb
chur(fjti<K have pioufly acqtiidc«d See Baronius (Anna!. Bcckr A D.
48, N* 6,' fiec ) and Tilleinoot (Mei-n. Ecdef. tiorti. i. p. 457—47^.).

j/^3) The A£ts of Ctialcedon (Concil. torn. iv. p. i4Q$. 1408.) ti^ibit
a lively piAure of tke'bitnd*, o^ftinaCe fervitqde of thA Uikuipi of. Bgypt
10 tbcir patriarch. " •

'(44) C^vil or ecclefiafticat bofine'f detftined the kifliopt al.Antioch'tiU
thcr iSt^of May. Ephefos v/ih at th« diflanceof thirty days jouin^y ; S
an^ t^a days more miy be fairly allowed for acckkfott aod r^pofe. The
niirch pf 'Aepbnhott over the unie groomt ^nuQierales «l»ove %6o pa^f •
faoes rtr leagues ; and this nieaTut'C mig^t be ilIollnit«d from kpcient and
modcf q itinerf rits, if I knew how to coitopare the fpced of >a9 aripy, a
fjrnod, and a caravan. Jfohn of Alitioch i« veloAantly ac^uiUfMl by Til.
lemont hihnfelf {Mem. Eipclef. torn. xiv. p 386—^389. ).'

though

I

OF THE ROMAN EMPIRE. a$j

though refpedabie, train of metropolitaaA and
divines, wa$ advancing by flow joyrnies from
the diftant capital of the Eaft. Impatient of ^
delay which he ftigmatized as voluntary ax^d
culpable (44)9 Cyril announced the opei^ing of
the iyuod (ixteen days after the feftival of JPen-
tecou. Neftorius, who depended on the near
approach of his Eaflern friends, perfiile^, lilf^ ^

his predeceffor Chryfoilom, to difclaim the ivi«
rifdi&ion and to difobey th$ funimons of his
eneoiies ; they haftened his trial, and his acci;^
preiided in the feat of judgsneat. Sixty-eight
bifliops, twenty-two of metropolitan rank.9 de<>
fended his caufe by a modeft and temperate
proteft : they were excluded from the counfels
of their brethren. Candidian^i in the emperor's
name, requefted a delay of four days : the pror
fane magiftrate was driven with outrage and ia^
fi^lt from the afiembly of the faints. The whole Condefnoa-
of this momentous tranfa^lipn was crowded into N^elioriot,
the compafs pf a fummer's day : the bifhops de«> J""® ^*-
livered their feparate opinions } but the unifor-
mity of ftyle reveals the influeiMie or the hand of
a mafter, who has been accufed of corrupting
the public evidence of their a£ts and fubfcrip-
tions (45). Without a diflenting voice, they
r^CPgiiiz^d in the epiftles of Cyril, the Nicene
creed apd the do^riae of th^ fathers : but the
partial ^^traifts frpn^ the letters ax>d homilies of
N^ftorius were ipterrupted by curfes and ana-
themas : and the heretic wa^ degraded from his
epifcopal and ecclefiaftical dignity. The fen-
tence, maUcioiifly infcribed to th$ new Judas,
was affiled wd proclaimed in the ilreets of

vt^fyi^ U »«» Ttti oBfa/Aot MMwrof^ ICt;piXX« nxyi^vroq, £v«grfus» 1. i.
Ci 7. The Gimc iropa^tion ^%s urged by cquoc Ireiweus (toin. iii. p.
1.149.) « **d tbe Qrtbodox ciitici do not 6ad it an t^Cy tilk to defend ipe
purity of the Creek or Latin copies of ihe Ads.

Ephefus :

t64 THE DECLINE AND FALL

£phefus : the weary prelates, as they iflued froiA
the church of the mother of God, were faluted
as her champions; and her viftory was cele-
brated by the illuminations, the fongs, and the
tumult of the night.
opH>Jw>? On the fifth day, the triumph was clouded by
eouit "' the arrival and indignation of the Eaftern bifiiops.
Jaaei7,6rc.ij^ a chamber of the inn, before he had wiped
the duft from his (hoes, John of Antioch gave
audience to Candidian the Imperial minifter;
who related his ineffedual efforts to prevent or
to annul the hafty violence of the Egyptian.
With equal hafte and violence, the Oriental
fynod'of fifty bifliops degraded Cyril and Mem*-
non from their epifcopal honours, condemned,
in the twelve iansrthemas, the pureft venom of
the Apollinarian herefy, and defcribed the Alex,
andrian primate as a monfter, born and educated
for the deftruftion of the church (46). His
throne was diftant and inacceffible ; but they in-
ftantly refolved to beftow on the flock of Ephefus
the blefling of a faithful (hepherd. By the vi-
gilance of Memnon, the churches were fliut
againft them, and a ftrong garrifon was thrown
into the cathedral. The troops, under the com-
mand .of Candidian, advanced to the aflault ;
the outguards were routed and put to the fword,
but the place was impregnable : the befiegers re-
tired ; their retreat was purfued by a wgorous
fally ; they loft their horfes, and many ^f the
foldiers were dangeroufly wounded with clubs
and ftones, Ephefus, tne city of the Virgin,
was defiled with rage and clamour, with fedition
and blood; the rival fynods darted anathemas

^ (4^) 'O h 9ir ollflp«» rtn tnxXwim V«xfi«f x«t r^ftfc. After the coaH-
tioQ of John ami Cyril, ihefe iovedlives were mmnfllty forgotten. The
ftyle of declamation mud never be confonoded with the genuine fenfe
HHrhich refpcCkable eoeq^es entertain of eac|>otber*i merit (Coocii. tonu
Mi. p. %%44'h

and

OF THE ROMAN EMPIRE. 265

and excommunications from their fpiritual en-
gines ; and the court of Theodofius was per-
plexed by the adverfe and contradictory narra-
tives of the Syrian and Egyptian faftions.
During a bufy period of three months, the em-
peror tried every method, except the mod ef-
fe£hial means of indifference and contempt, to
reconcile this theological quarrel. He attempt-
ed to remove or intimidate the leaders by a com-
mon fentence of acquittal or condemnation ; he
invefted his reprefentatives at Ephefus with am-
ple power and military force : he fummoned
from either party eight chofen deputies to a free
and candid conference in the neighbourhood of
the capital, far from the contagion of popular
frenzy. But the Orientals refufed to yield, and
the Catholics, proud of. their numbers and of
their Latin allies, rejected all terms of union or
toleration. The patience of ihe tneek Theodo- ^
iius was provoked, and he diffolved in anger tl;iis
epifcopal tumult, which at the diftance of thir-
teen centuries affumes the venerable afpe£l of
the third oecumenical council (47). ^* God is
** my witnefs,** faid the pious prince, *• that I
^* am not the author of this confufion. His
♦* providence will difcern and punifh the guilty.
** Return to your provinces, and may your pri-
** vate virtues repair the mifchief and fcandal
** of four meeting/* They returned to their
provinces ; but the fame paifions which had dif-
trafted the fynod of Ephefus were diffufed over
the Eaftern world. After three obftinate and
equal campaigns, John of Antioch and Cyril of

(47) Sec the AGts of the Synod of £phefas, in the origiDBl Greek,
tsd ft Lfttin veHion .almoft contemporary (Conctl. torn, iii.p. 99*" > 339-
with the Synodicon advcrfus Trftgxditm IreoflBiy torn. iv. p. 13$— 497-)f
the Ecclefiafticftl Hillories of Socrates (1. Tii. c. 34.) ftOd Bvagrtas (t. i.
c- 39 49 S )« and the Breviary of Liberattts (in Contil. torn. vi. p. 419** •
4S9. c. $, 6. ), tod the Memoirtt Ecdcf. of TiUemont (torn. xiv. p. *

Alexatfdria

«66 THE OJICWNE AN© FALL

Alexandria cond^fcwded ro e^piaiii and cm*
brax;e ; but th^r feeming ife-union muft be iai*
puted rather to prude^ic^ than tp re^cm* to the
mutual laiTitude rather th^n to the Cbriftian
charity of the patriarchs.
viaory of. The Byzantwe ppntiff bad iftftUled into the
^^ A. D Toyal ear a baleful prejudice ^gainft the charac^
43»-43s- t^r and cojiduft of bis Egypsiaa rival, Aa
epK^le of menace and l9vedive(48), which aCf
cpmpauied the f^mmons, accufed him ai a bufy»
inXplent, and envious priefti wh^ perpleT^ed the
fimplicity of the faith, violated the pea^e of the
church and ftate, and, by his artful and feparate
addreffe^ to the wife and fifter pf Theodofius^
prefumed to fuppofe, or to fcatter, the feeds of
difcord in the Imperial family. At the ftern
cpmmand of his fovereign, Cyril had repaired
to Ephefus, where he was r^liiled, threatened,
and confined, by the .magiArate$ in the interest
of Neftorius and the Orientals i who aflbmbled
the tropps of L,ydia and Ionia to fvpprefs the
fanatic and diforderly train of the patriarch*
Witbout expefting the royal liceiH:e, be efcaped
from, his guards,, precipitately erabap^, de-
ferted the imp^rfqQ: fy^iod^ aiid rehired to his
epifqopal fortref& of falP^ty and i»depc#ide»ce.
But hw artful eniiffaries, both in th^ court and
city, fuccefsfully l^bourqd to apf)eaf^ the r^ent*
ment, and conciliate the favour of the emperor.
The feeble fon gf Ar^adius waa alternatriy
fwayed by his wjfe and fifterj by the eunwhs
and women qf the palace ; fuperititio^ ai^d ava*'
rice were their ruling pafliQUs j and the ortbo*

(48^ TAfttxyt (fftys (he emperor Jo paixueid Unfoggie) x9 y6,iir( at^tirv^

♦tjTPc', .... vavrof lAfiiy^U* n, tif#«« . . . . T« Ti Tw am>^9!i^', t* n tm

1 (hvuid b.« curious to k^ow hov^ Q}in;l) I^eftoriq'^ piifi fov the£e «xprel-
, (lOQs, fo morliryir.gtobi»iival.

dox

QF TflE RPM AN EMPIRE, 267

dpx jchi^fs ^ef e j^^dupus ifi tl^eir atidie^^vqnn to

al^rp^x th^ forni^r find tq grf^tify the J^tten pon-

if ^4^QpU anpl |tl)^ fHl)url>$ wpre f;^n^ii^eid w^th

f^i^qi^ent mqnafte^ie^y aiid tji/e holy 4bbot§, P?il-

matius ^ijd Eu^tyclies (49), h^ fieyotgd their

z^\ ai)d fi4?Utj to tl>c cajife pf Cyril, the wor-

ihip pf M*ry> sLud the p^ity qf Chriftt From

tjje firft mpif^eiit of thejp moi^aftic life, they had

n^vpr mjagled wjth the ^^rld, oj( trod the pro-

ffii^e gioiind .qf the city. 3^^ in tj^jf ayrful mo^nen|t .

qf thedj^^gfif of fjie church, tJieirvpw w?? fuper-

fie4pd by ^ g^offs fubljjpe and ^|:}difpenfabk cjuty.

At )die ^gad of ^ loag order of inon^s and h^srmits,

wi^p Gjiryied byrniag tappr.s in thjpir harid^, ^i^d^

cbj^un^d jit^iues to t}ie ip^thpr of ^pd, they

* proceeded from their mpt^^erksi^ $he paUce.

ThfB pe^f YU €difipfi aqid iofem^d by th^? cx-

trsprdip^Fy fpdft^de, ai]t4 th^ ^rfpibling ipp- ;

jg^^fch liftcjocd to the pr^yer^ ?^nd ftdj\|r?itipna

of tb^ fai^ts^ wbp bolcily pr^npupceda that

XM^ne. fsftuld; bepe fof f^Jvatioii, uplefs they ^m-r

l^racisd ^e p^erfojn ai^4 the cree^ of t\\e prtbpdoK

fufcffffpr pf ,iV?b»nafiu3. At the fen^e time lev^ry

avenue fifths tbrpiK^ m» #:^»lfe4 with gpjd,

Ui)(|er tb^' decent Denies of eulogies zjid ben^dic^

tionsj the courtiers of both fexes were bribed

according to^the meafure of their power and ra-

p^cip^fixeft, Rm their inppff^t d^Tuaiv43 defppiU

ed the fan^uaries of Conftantinople and Alex*

gftdria i wd the authority pf the patriarch v^as

unable to filence the juft murmur of his clergy,

that a debt of lixty thoufand pounds had already

been contra£te4 to fupport the expence of this

Cyril ^s a friend, »/;|iat, ViA tiic ftr^uou% djsfiwider of the f^^Uh. His
brptb^r, ih^ f^bhpt p»)rpfti^8, h\\\yivt\j!/^ ^'o^loyed 19 bind th^ ^mperpc
an^ mil bis d}«i7)l^jerJaip« tfrriiili ^firjEtUftftf* $jfpodicop^ C. ^Qj* iQ
Co^ciJ. ^nv iv. p. 4|J^. '

fcandalous

268 THE DECLINE AND FALL

fcandalous corruption (50). Pulcheria, who re-
lieved her brother from the weight of an empire^
was the firmed pillar of orthodoxy ; and fo in-
timate was the alliance between the thunders of
the fynod and the whifpers of the court, that
Cyril was affured of fuccefs if he could difplace
one eunuch, and fubftitute another in the favour
of Theodofius. Yet the Egyptian could not
boaft of a glorious or decifive viftory. The
emperor with unaccuftomed firmnefs, adhered
to his promife of protefting the innocence of
the Oriental biihops ; and Cyril foftened his
anathemas, and confefled, with ambiguity and
relu^nce, a twofold nature of Chrift, before he
was permitted to fatiate his revenge againft the
unfortunate Neftorius (51)* * -

Bxite of^ The rafh and obftinate Neftorius, before the
^f 0*435. ^^^ ^^ ^^^ fyriod, 'was oppreffed by Cyril, be-
trayed by the court, and faintly fupported by his
Eaftcrn friends. A fentiment of fear or indig-
nation prompted him, while it was' yet time, to
affeft the glory of a voluntary abdication (52) :
his wilh, or at leaft his tequeft, was readily
granted; he was condufted with honour from
Ephefus to his old monaftery of Antioch j and,

(i;:o) CUHct qui hie fniit contriftuitury quod eccleit Atextndrint iitt-*
i)«ta fit hnias causS turbeke .* ct debet praeter ilia qo« hiac tranfmiiTt
fifkt tfttT/ iiiras mille qtring<ittas . £t ouoc ei icripiuiti eft ot prieftet ; fed
de tua ecciefia przfta avaritix qi^orum iiofti> &c. This cvjrions tnd ori-
ginal letter, from Cyi iPs arv hdeacon to bis creature the new bifbop of
Conflatttinople, has been nnaccoantablj preferved io an old Latin verfion
(Syaodicoo, c 103. ^oncil. torn. i^. p. 4($---4^ ). iThemsflbia aU
n>o(V dropped, and the faints (peak the faonelt language of intereft and
CoD^deracy.

{$%) The cedioDt negociaiioQS tiiat fucceeded the f^npd^f Ephefoi
arc diflfuft ly related io the original h&,^ (Concil. torn. tti. p. I339-*I77I.
ad fin. vol. and the Synodicon^ in torn, iv.), Socrates (1. vii. c. 18. 3$. 40,
41.), Evagrius (1 i. c 6, 7,. 8. la.)* Liberatvs (c. 7 — 10), Tillcmont
(Mem. Ecclef. torn. six. p. 487-*->676.). The moft patient reader will
thank me for comprefliog 10 much nonfenfe and faIfeho€»d in a few lines.

(51) Aimr T8 «ulki)dfV'r*c> iinrftnin nara f ofxitov ivaTflt^ftWAi fjuna^nr

fu9. Evagrivs, 1. i. c. 7. The erigintl letters in the Synodicon (c. 1 $.

14, ftg, 16.) juftify the appearmnet oi a voluntary refignation, which is

afierted by Ebed-Jefo, a Ntftoriaa writer^ apud *A(ieaian, Bibliot. Ori*

, •ntal. torn. iii. p. X99. 301. ^

after

OF THE ROMAN EMPIRE. 26^

after a fliort paufe, his fucceflbrs, Maximian and
Proclus, were acknowledged as the lawful bi-
ihops of Conftantinople. But in the filence of
his cell, the degraded patriarch could no longer
refume the innocence and f^curity of a private
monk. The paflr he regretted, he was difcon-
tented with^he prefent, and the future he had
reafon to dread : the Oriental bifliops fuccef-
fively difengaged their caufe from his unpopular
name, and each day decreafed the number of
the fchifmatics who revered Neflorius as the
confeflbr of the faith. After a refidence at An-
tioch of four .years, the hand of Theodofius
fubfcribed an edid (^53)9 which ranked him with
Simon the magician, profcribed his opinions
and followers, condemned his writings to the
flames, and baniihed his perfon firft to Petra in
Arabia, and at length to Oafis, one of the i/Iands
of the Libyan defert C54). Secluded from the
church and from the world, the exile was ftill
purfued by the rage of bigotry and war. A
wandering tribe of the Blcmniyes or Nubians,
invaded lus folitary prifon : in their retreat they
difmifled a crowd of i^felefs captives ; but no
fooner had Neflorius reached the banks of the
Nile than he would gladly have efcaped from a *
Roman and orthodox city to the milder fervitude
of the favages. His flight was puniflied as a

($3) See the Imperul letters is the Afts of the Synod of Ephefut
(Coocil. Com. iiL p. 1730— 173$.)* 'The odious name of Sittuuians^
which was affixed to the difctples of this rtfartthif MaanaXutft was de-

<r««» juu /buiTS («rr«f rtfAmfutc^ /u«ti Bavwruf urtfumf iurof b9rap>^f tv. Yet
thcfe were Chriftians 1 who difl&red only in aames and in (hadows

($4) The metaphor of iflands is applied by the grave civilians (Paa*
de£l. 1 xlviii. tit. 11. leg. 7.) to thcfe happy fpots which are dilcrimin-
ated by water and verdare from the Libyan fands. Three of thefe ooder
the common name of Oaiii, or Alvahat t i . The temple of Jnpiter Am-
nion, a. The Middle Oafis, three days jovrney to the weft or Lycopoiis.
3. The foatbem, where Neftorins was baniihed, in the firft climate, and
only three days journey from the confines of Nobia. - See a learned Not*
of Michaelis (ad Defcript. Agypt. AbulfcdK| p. Jbi— 34)«

new

270 THE i>t:t;LmE and fall

new critn6 : the foul df the patriartrh hifplrfed
the civil and ecclefiafticail powers of E^pt ; the
inagiftrates, ihd foldiers, the monkj, devoutly
tortured the eheWy of Chi^ift and St. Cjti\ ; irid,
a8 far as the cdnhnes of -Ethiopia, tnef h6r6tic
was alternately dragged and recalled, titl his
aged body was broken by the hardships and ac-
cidents of thefe reiterated joumies. Vet his
mind was ftill independent and ereft ; the ptt-
fideilt of Thebais was awed by his paftqral let-
ters ; he furvived the Catholic tyralit of Alex-
andria, and, after fixteen years banifhthetlt, the
fynod of Chalcedon would perha'ps have f eftbred
hitn to the honours, of af^lekft to fhe cotothuni-
on, of the church. The death of Neftoritis
prevented his bbedience to theit welcome fum-
ihons(55); and his difeafe might affdtd fbttie
colour to the fcalhdalous report, that his tongue,
the organ of blaljjhemy, had been eaten by the
worms. He was buried in a city of tipper
Egypt, known by the names of ChcmhiS, or
Panopolis, or AKmim(56); but the immortat
malice of the Jacobites has pcrferered fbf ages to
cift ftones againft his fepulthre, ahd t6 ptbjia-
gate the foolifh tradition, that it t^as neveJ* Wa-
tered by the rain of heaven, which equally

(55) The invitation of Neftpriat to the fynod of Chalcedony is related
hy ZacHartas, bifhop of MeitUhe (EvagKas^ 1. ii c. 1. AHefiiin, Bib*
iipt. Orieiii. torn. ii. p. ^5*), and the famous Xenaiaf or PhiloireniiSi
bifhop of Hierapoiis ( AiTeman, BiMiot. Orient, tdrfi. ii. p. 40^ Qi%.), de-
nied by Evagrinsand Axeman, and ftoutly (baintshied by lui Crdte
(Thefavr Kpiftoi. torn. iii. p. ifri^ fltc.). The fad is aoi improbible;
yet it was the inteicft. vf the Monot>hy(iiei tb (pffetd the idvMiutts tt-
port; arrdE^ychius (toiA; ii. p. it.) affirRis, tlbtKcftbrifes died after
an exile of fcvefa ytear^ and co&fcqutntly ten yetrs before the fyood ^
Ch'iceden.

(5«) Coafult d*Anf|lle (Memetrb far I'B^fi^e, p; rf^i.), Ptitatk
(Defcription of the Eaft, vol. i. p. y6 ), Aboif«da (Defefipt. i^gypc p(
• 4.) andhi« commefitator Michaelit (Not. p. y6'«^8|.), «Atf the Ntihian
Geographer (^ 41 }, who teentieo»» ifl tilt cfttb «edcwry,lhe rtriat tlid
th« fogar- canes oif Akmim.

defcends

OF THie ROMAN EMPIRE. 271

defcends oti the righteous and the ungodly (^57).
Humanity may drop a tear on the fate of Nefto-
rius : yet jnftice muft ofefetvc, that h6 fuffered
the perfecution which he had approved and in-
fiiaed(5S).

The death of the Alexandrian primaf e, aftet Hercfy «f
a reign of thirty-toeo years, abandoned the Ca- ^"d"" ^^^
tholics to the intemnerance of zeal and the abufe
of viaory (59). Tne monofhyftie doftrine (one
intratnate nature) was rrgoroufly preached in fhe
churches of Egypt and the monafteries of the
Eaft; the primitive creed of ApoUinaris was
protefted by the fanftity of Cyril ; and the nafft^
of EuTTCKEs, his venerable friend, has been
applied to the fed moft adVerfe to the Syrian
herefy of Neftorius. His rival Eutyches was
the abbot, or archimandritfej or fuperior of
three hundred monks, but the opinions of a
fimple and illiterate reclufe might have expired in
the cell, where he had flfipt above feVeiity years,
if the refentment or indifcretion of Flavian the
Byzantine pontiff, h^rd not expofed the fcandal
to the eyes of the Ghriftian world. Mis domef-
tic fynod was inftantly convened, their proceed-
ings were fuUied with claittouf and artifice, and
the aged heretic was furprifed into a feeming
confeffion, that Chrift had not derived his body
from the fttbftance of the Virgin Mary. From

($7> EiM)rcU«f (AaMi}< t^m iK p.* r?:) 4fti^ Or^gof^ ^r-HebHifUs, or
iLb«apharajpu4 (AiTenMO, wm^ ii. p. ^)i rcfiKfem the cred«)ity of t^«
xfft and rfiutJ»'cfiituriet.

(9f).Wi i*colIige(tfoE4r»griiM (t. i.<. 7.) r^r fbme *xfrift« from
the leuert of Neftdrttt* ; buC the lively piflvre of bit filfferirtgt i» treated
waf b infolt by the hard and (fupid fanatic

($9) Diiei CyriHunl dmn viT^ret, a«£^orittte M. e^ecifle^ a^ Etttf-
chiaaifmus et Monopfaylitarani error in aervum erumperet : idque veram
pato . . . aliqno . . honefto modo vaXiyjtf^iay cecioerat. The learned
bnf eatttfom Jabldnft} dfd not always fpexft the whole tiuih Cutn Cy-
rHk) leaitK omniao e|fr, qaarn fi t^ciiAn not ccim aliis rei hujus probe
^ar?e et leqttti rertsm «ftiifratorfbil8 fermonts prfvatos confcrrein.
(Thcf«fr. BptftrK Lf Crozian. tbm. I. p. 197, i^jl.j an ^celleot key to
ii^ <}^iref«ilioifta oil tbf * N^ftddafl cOAtfOv^t-ly !

their

272 THP' DECLINE AND FALL

their partial decree^ Eutyches appealed to a ge*
lieral council ; and his caufe was vigoroufly af«
ferted by his godfon Chryfaphius, the reigning
eunuch of the palace, and his accomplice Dio^
corus, who had fucceeded to the throne, the
' creed, the talents, and the vices of the nephew
s«on^ ^^ of Theophilus. By the fpecial fummons of
EphH-ut!" Theodofius, the fecond fynod of Ephefus waa
a' "^'a^s— j^dicioufly compofed of ten metropolitans and
11*^** ten bifhops from each of the fix diocefes of the
Eaftern empire : fome exceptions of favour or
merit enlarged the number to one hundred and
thirty-five; and the Syrian Barfumas, as the
chiei and reprefentative of the monks, was in-
vited to fit and vote with the fucceflbrs of the
apoftles. But the defpotifm of the Alexandrian
patriarch again oppreffed the freedom of debate :
the fame fpiritual and carnal weapons were ^ain
drawn from the arfenals of Egypt ; the Afiatic
veterans, a band of archers, ferved under the
orders^ of Diofcorus ; and the more formidable
monks, whofe minds were inacceffible to reafon
or mercy, befieged the doors of the cathe-
dral. The general, and, as it ihould feem,
the unconftrained voice of the fathefs, ac-
cepted the faith and even the anathemas of Cy-
ril ; and the herefy of the two natures was
formally condemned in the perfons and writ-
ings of the mod learned Orientals. ** May
" thofe who divide Chrift, be divided with the
*' fword, may they be hewn in pieces, may
** they be turnt alive !" were the charitable
wiihes of a Chriftian fynod (66). The innocence
and fandity of Eutyches were acknowledged with-

(^o) H kytm «vM^)c ftonvy opw, Murw lEvnfim^ wroc (m mii wrfc iic Im
jfffnTM, ttK i(*tfioi fAtfia-^ .... air If Xiyu iv9 etm6tf4M, At the reqneft
of Diofcorns, thdfe who were not able to roar (/Sm^wi), ftretched oat their
haodt. At Chalccdon, the OrieotaU difcltiaaed thefe cxcltmatioos ; hat
the Bgyptiaoik more confiftently decUrcd t«vt» mU mi tnrtftn mu vw
Uy9f4if [QmiAL toin.iv.p. lou.j.

out

OF THE ROMAN EMPIRE. 27^

out heiitation j but the prelates, more efpecially
thofe of Thrace and Afia, were unwilling to de»
pofe their patriarch for the ufe or even the abufe
of his lawful jurifdiftion. They embraced the
knees of Diofcorus, as he ftood with a threaten-
ing afpeft on the footftool of his throne, and con-
jured him to forgive the offences, and to refpeft
the dignity of his brother. " Do you mean to
" raife a fedition ?" exclaimed tne relentlefs
tyrant. ** Where are the officers ?'* At thefe
words a furious multitude of monks and foldiers
with ftaves, and fwords, and chains, burft into
the church: the trembling bifhops hid them-
felves behind the altar, or under the benches,
and as they were not infpired with the zeal of
martyrdom, they fucceffively fubfcribed a blank
paper, which wa$ afterwards filled with the con-
demnation of the Byzantine pontiflF. Flavian
was inftantly delivered to the wild beads of this
fpiritual amphitheatre : the monks were ftimu-
lated by the voice and example of Barfumas to
avenge the injuries of Chrift : it is faid that the
patriarch of Alexandria reviled, and buffeted,
and kicked, and trampled his brother of Con-
flantinople(6i): it is certain, that theviftim,
before he could reach the place of his exile, ex-
pired on the third day, of the wounds and bruifes
which he had received at Ephefus. This fe-
cond fynod has been juftly branded as a gang of
robbers and affaffins; yet the accufers of .Diofco-
rus would magnify his violence, to alleviate the

(tfl) EXf^t U (Eufebiusy bifhop of Dorylxum) tov ^>A0MWf K<u)siX«iarc
«wu^diiir<u vfot ^loanofH a»dtf^ivev tt Ktu Xajtrito/Mivov : and this tefttmony
of Evagriat (I. ii. c 2.) is amplified by the biftorian Zooaras (torn. ii. I.
xiii. p. 44.)* ^^<> aflirins that Diofcoros kicked like a wild afs. But the
langnageof Liberatos (Brev. c. ii. in Coocil. torn. vi. p. 438.) is more
cautious ; and the AQs of Chalcedon, which laviih the names of hnfU'
ciJef Cain^ &c. d > not jaftify fo pointed a charge. The monk Barfumas
is more particularly accufed^'i^'^a^e tov fAttnu^ ^yumatw arro( spucf
SM tXg^, «^^^ef (Concil. torn. »v. p. i4t3)«

Vol. VIIL T cowardice

a73 THE DECLINE AND FALL

cowardice and inconftancy of their own behavi-
our,
coiiociiof The faith of Egypt had prevailed: but the
A^D!4tr, vanquifhed party was fupported by the famd
oaober 8— pope who encountered without fear the hoftile
November ^^^^ ^f ^^^.j^ ^^^ Genfcric. The theology of

Leo, his famous tome or epiftle on the myftery
of the incarnation, had been difregarded by the
fynod of Ephefus : his authority, and that of
the Latin church, was infulted in his legates,
who efcaped from flavery and death to relate the
melancholy tale of the tyranny of Diofcorus
and the martyrdom of Flavian. His provincial
Tynod annulled the irregular proceedings of
Ephefus : but as this ftep was itfelf irregular,
he folicited the convocation* of a general council
in the free and orthodox provinces of Italy.
From his independent throne, the Roman bifhop
fpoke and a£ted without danger, as the head of
the Chriftians, and his didates were obfequi-
oufly tranfcribed by Placidia and her fon Valen-
tinian ; who addrefled their Eaftern colleague to
reftore the peace and unity of the church. But
the pageant of Oriental royalty was moved with
equal dexterity by the hand of the eunuch ; and
Theodofius could pronounce, without heiitation,
that the church was already peaceful and tri-
umphant, and that the recent flame had been ex-
tinguiflied by the juft punifliment of the Nefto-
rians. Perhaps the Greeks would be ftill in-
volved in the herefy of the Monophyfites, if the
emperor's horfe had not fortunately ftumbled ;
Theodofius expired ; his orthodox fitter, Pul-
cheria, with a nominal hufband, fucceeded to
the throne ; Chryfaphius was burnt, Diofcorus
was difgraced, the exiles were recalled, and the
tome ol Leo was fubfcribed by the Oriental
bifliops. Yet the pope was difappointed in his
favourite project of a Latin council^ he dif-

dained

OF THE ROMAN EMPIRE. 275

dained to preiide in the Greek fynod, which
was fpeedily aflembled at Nice in Bithynia ; his
legates required in a peremptory tone the pre-
fence of the emperor; and the weary fathers
were tranfported to Chalcedon undef the imme-
diate eye of Marcian and the fenate of Conftan«
tinople. A quarter of a mile from the Thra-
cian BofphoruSy the church of St. Euphemia
was built on the fummit of a gentle though lofty
afcent : the triple ftrufture was celebrated as a
prodigy of art, and the boundlefs profpeft of
the land and fea might have raifed the mind of
a feftary to the contemplation of the God of
the univerfe. Six hundred and thirty bifhops
were ranged in order in the nave of the church ;
but the patriarchs of the Eaft were preceded by
the legates, of whom the third was a fimple
priefl ; and the place of honour was referved
for twenty laymen of confular or fenatorian
rank. The gofpel was pftentatioufly difplayed
in the centre, but the rule of faith was defined
by the Papal and Imperial minifters, who mode-
rated the thirteen feffions of the council of
Chalcedon (62). Their partial interpoiition
filenced the intemperate ihouts and execrations
which degraded the ^epifcopal gravity ; but, on
the formal accufation of the legates, Diofcorus
was compelled to defcend from his throne to
the rank of a criminal, already condemned
in the opinion of hi^ judges. The Orientals,

{6t) The A&t of the Conocil of Chftlcedon (Concil. torn. Iv. p. 751—-
2071.) comprehend tbofe of Ephefus (p. 890—1 189.), which agaiacom-
|>rife the fyood of Cooftantioople under Pl«vian (p. 930—1072.) ; tod
it i-equires fome attention to difengage this double involntion. The
whole bufinefs of Entjches, Flavian, and Diofcorus, is related by Eva-
grius (1. i. c. 9— 'la* and 1. ii. c. i, a, 3, 4.) and Liberatns (Brev. c. 1 19
12, 13, 14.). Once more, and almoft for the laft time, j appeal to the
diligence of TiUemoot (Mem. Ecclef. torn. xv. p. 479.^^19). The
Annals of Baronius and Pagi will accompany me mnch.farth.er on my
long and laborious journey.

T i lefs

^76 THE DECLINE AND FALL

lefs adverfe to Neftorius than to Cyril, accepted
the Romans as their deliverers : Thrace, and
Pontus, and Aiia, were exafperated againft the
murderer of Flavian, and the new patriarchs of
Conftantinople and Antioch fecured their places
by the facrifice of their benefaftor. The bifliops
of Paleftine, Macedonia, and Greece, were at-
tached to the faith of Cyril ; but in the face of
the fynod, in the heat of the battle, the leaders,
with their obfequious train, paffed from the
right to the left wing, and decided the viftory
by this feafonable defertion. Of the feventeen
fuflPragans who failed from Alexandria, four
were tempted from their allegiance, and the
thirteen, falling proftrate on the ground, implored
the mercy of the council with fighs and tears, and
a pathetic declaration, that, if they yielded, they
fliould be maffacred on their return to Egypt by
the indignant people. A tardy repentance was
allowed to expiate the guilt or error of the ac-
complices of Diofcorus ; but their fins were ac-
cumulated on his head ; he neither afked nor
hoped for pardon, and the moderation of thofe
who pleaded for a general amnefty, was drowned
in the prevailing cry of viftory and revenge.
To fave the reputation of his late adherents, fome
perfmal offences were IkilfuUy detefted ; his rafh
and illegal excommunication of the pope, and
his contumacious refufal fwhile he was detained
a prifoner) to attend the Lmmons of die fynod.
Witneffes were introduced to prove the fpecial
fads of his pride, avarice, and cruelty ; and
the fathers heard with abhorrence, that the alms
of the church were laviihed on the female
dancers, that his palace, and even his bath, was
open to the proftitutes of Alexandria, and that
the infamous Panfophia, or Irene, was pub-
licly

OF THE ROMAN EMPIRE. a;;

licly entertained as the concubine of the patri-
arch (63).

For. thefe fcandalous offences Diofcorus was Paith of
depbfed by the fynod, and banifhed by the em- ^*^*«**^
peror : but the purity of his faith was declared
in the prefence, and with the tacit approbation,
of the fathers. Their prudence fuppofed rather
than pronounced the herefy of Eutyches, who
was never fummoned before their tribunal ; and
they fat filent and abafhed, when a bold Mono-
phyfite, cafting at their feet a volume of Cyril,
challenged them to anathematize in his perfon
the doftrine of the faint. If we fairly perufe the
a£h of Chalcedon as they are recorded by the
orthodox party (64), we ihall find that a great
majority of the bifliops embraced the iimple
unity of Chrift ; and the ambiguous conceflion,
that, he was formed of or from two natures,
might imply either their previous exiftence, or
their fubfequent confuiion, or fome dangerous
. interval between the conception of the man and
the affumption of the God. The Roman theo-

(63) MaXic' ^ ^n^Cwft TlavTo^ v jeaXd/uivn Op$in (perbtpt fitpqvn),
9ripi hi KM wciXuAvB^Tfi Tij; A>F^av}^ianf $fi/M«t a^QXf <^«vtii' ivmt Tl kci rar
tfaf^ f4SfAvnf*tf9i (Concil. tcm. iv. p. 1176). A rpecim«>n of the wit and
mi lice of the people is preferved in .the Greek Anihology (1. ii. c. y p.
18 8. ediu Wechel)9 although the appiicatioo was unknown to the editor
Brodseus. The namelefs epigrammaCift raifes a tolerable puo, by con-
fouadiag the epifcopal falatation of** Peace be to all T* with the genuine
or corrupted name of the bifhopS coocubine:

Rai; JyvaTat wociV h ftovoff f»Jov tyu $
I am ignorant whether the patriarch, who feema to have been a jealous
lover, is the Cimoo of a preceding epigram, whofe irio? if ixtc was view*
ed with envy and wonder by Priapus himfelf.

(^4) Thofe who reverence the infallibility of fynods, may try to tf-
certain their fenfc. The leadiQg bifhops were attended by partial or
carelefs fcribes, who difperfed their copiea round the world. Our
Greek MS8. are fuUied with the falfe and profcribed reading of m tmv
^ua-Ban (Copcil. toiB. iii. p. 1460.): the authentic tratiflation of pope
Leo i. does not feem to have been executed ; and the old Latin verbong
materially differ from the prefent Vulgate, which was revifed (A. D.
SS^) ^y Ro^icos, a Roman prieft, from the beft MSS. of the Axm/mvtm
at Conltantinople (Dncange, C P. Chriftiana, 1. iv. p. i $ij, a famotrs
monaftery of Latins, Greeks, and Syrians. See ConciL tom. iV. p.
19^9— >2049, and Pagi« Critics, totn, ii. p. 326, &c.

tss/8 The DEcLmE and fall

logy, more pofitive and piricife, adopted the
term moit offenfive to the ears of the Egyptians^
that Chrifl exifted in two natures ; and this mo-
mentous particle (65) (Which the memory,' father
than the underftatiding, muft retain) bad almoft
produced a fchifm among the Catholic biihops.
The tome of Leo had been refpeftfuUy, perhaps
fincerely, fubfcribed : but they protefted, in two
fucceiliye debates, that it was neither expedient
nor lawful to tranfgrefs the facred landmarks
which had been fixed tit Nice, Conftantinople,
and Ephefus, according to the rule of fcripture
and tradition. At length they yielded to the
importunities of theii" mafters, but their infalli-
ble decree, after it had been ratified with deli-
berate votes sLnd vehement acclamations, was
overturned in the next feflion by the oppofition
bf the legates and their Oriental friends. It:
was in vain that k multitude of epifeopal voices
repeated in chorus, " The definition of the
*• fathers is orthodox and immutable ! The he-
** retics are now difcovi^red ! Anathema to the
*• Neftorians ! Let them depart from the fynod !
" Let them repair to Rome (66) !" The legates
threatened, the emperor was abfolute, and a
committee of eighteen bifhops prepared a new
decree, which was impofed on the relufbmt af-
fembly. In the name of the fourth general
council, the Chrift in one perfon, but in two
natures, was announced to the Catholic world :
an invifible line was drawn between the hcrefy
of ApoUinaris and the faith of St. Cyril ; and the

(tf$) It is darkly repre&nted in the microfcope of Petaviut (com. v. 1.
iii. c. $.); yet the fabtie theologitD is himfelf afr&id— n« quis fortafTe
fupervacacieam, et nimis anxiam putet hujufmodi vocolaram ioqaifitio'
nem, ec ab inftitttti theologici gravitate alienani (p. 114.).

yvfwreuy 91. armXtycmtf If i^tfutVM twity m artiKtytrnt tit Fmfjtnt anXBwrtv
(C'oocii. torn. W. p. I449'}* Bvagrius and Liberatas prefeat only the
placid face of the lyoody and dilcrectly Aide over tbefe embers fuppofitos
cinerf dolofo.

the

OF THE ROMAN EMPIRE. ^79

road to paradife^ a bridge as fliarp as a razor, was
fufpemded over tl^e abyfs by the mafter-hand of
the theological artiA* Puring ten centuries of
blindnefs and fervitude, Europe received her
religious opinions from the oracle of the Vati- ^
can; and the fame ao&rine, already varnifhed
wiith the ruft of antiquity, W9& admitted without
difpute into the creed of the reformers, who dif*
dadmed the fupremacy of the Roman pontiff.
The fynod of Chalcedon ftill triumphs in the
proteftant churches; but tl^e ferment of con-
troverfy has fubfided, ax^d the mofl pious Chrif-
tlans of the prefent day are ignorant or carelefs
of their own belief concerning the myftery of
the incarnation.

Far different was the temper olF the Greeks oifcord of
and Egyptians under the orthodox reigns of Leo *^ a? d!
and Marcian. Thofe pious emperors enforced 45«— 4S^'
with arms and edids the fymjbol of their faith
($7) : and it was declared by the confcience or
honour of five hundred biibops, that the decrees
of the fynod of Chalcedon might be lawfully
fupported, even with blood* The Catholics ob-
ferved with fatisfa^ion, that the fame fynod
was odious both ' to the Neftorians and the Mo-
nophyfiies (68)^ but the Neftorians were lefs
angry, or lefs powerful^ and. the Eaft was dif-

(67) See, ia the Appendix to the A€t* of Chalcedon, the confirmatioo^
of the fynod by Marcfan (Concil torn. iv. p. 1781 1783 ) ; his letters
to the monks of Alevindria (p. i79i.}> of Mount Sinai (p 179309 o^
Jernftlem and Paleftine (p 1798.) ; his laws agaiad the Eatychiaos (p. .
1809. 181 1. 1831.) > the correfpondence of Leo with the provincial

fy nods. on the revolution of Alexandria (p. 183$— 1930'.).

(68) Photius (or rather £ulogius of Alexandria) confeflfes, in a fine
paflfage, the fpecious colour of this double charge againd pope Leo and
bis fyi^ of Chalcedon (Bibliot. cod. ccxxv. p. 76S.). He waged a double
war againft the enemies of the church, and wounded either ioe with the
darts of his adTerfary— XATctXXiiAnc |9iXf9-i rug amira\9i sirr^aM. A*
gainft Neftorius he feemed to introduce the rvvxytng of the Monophy*
Ste»: againft Eutydies he appeared Co countenance the Iva^a^w ^m^o^
of the Neftorians. The apologift claima a charitable interpretation for
the faints : if the fame had been extended. to the heretics, the J»und of
the cootroverfy would have b«en loft in the air.

tra£ted

2lo THE DECLINE AND FALL

traded by the obftinate and fanguinary zeal of
the Monophyfites, Jerufalem was occupied by
an army of monks ; in the name of the one in-
carnate nature, they pillaged, they burnt, they
murdered ; the fepulchre of Chrift vas defiled
with blood ; and the gates of the city were
guarded in tumultuous rebellion againft the
troops of the emperor. After the difgrace and
exile of Diofcorus, the Egyptians ftill regretted
their fpiritual father } and detefted the ufurpa-
tion or his fucceflbr, who was introduced by the
fathers of Chalcedon. The throne of Proterius
was fupported by a guard of two thoufand foU
diers ; he waged a five years war againfl: the
people of Alexandria ; and on the firfl; intelli-
gence of the death of Marcian, he became the
yi£lim of their zeaL On the third day before
the feftival of Eafter, the patriarch was befieged
in the cathedral, and murdered in the baptiftery.
The remains of his mangled corpfe were deli«
vered to the Barnes, and his afhes to the wind :
and the deed was infpired by the vifion of a pre*
tended angel ; an ambitious monk, who, under
the name of Timothy the Cat (69), fucceeded
to the place and opinions of Diofcorus. This
deadly fuperftition was inflamed; on either fide,
by the principle and the pradice of retaliation :
in the purfuit of a metaphyfical quarrel, many
thoufands (70) were flain, and the Chriftians of
every degree were deprived of the fubftantial
enjoyments of focial life, and of the invifible
gifts of baptifm and the holy communion. Per-
haps an extravagant fable pi the times may con-
ceal an allegorical picture of thefe fanatics, who

(69) A(Xtfp0c, from his no^nrnal expeditiont. In darknefs aod difgaife
he crept round the celU of the monaftery, and whit'pered the revelatioa
to his flumbeiing brethren (Theodor. Ledlor, 1. !.)•

(70) i^wuf ri ToXfAvQnvai fM^iu^^ oifAarm vXcdft fM\jfn^WKH futn fMMV
Tuv ynf aXXa juu eunw vw atfm^ Sach ia the hyperbolic language of the
|i«o9iicon.

tortured

OF THE ROMAN EMPIRE. a8i

tortured each other, and thcmfelves. ** Under
** the confulihip of Venantius and Celer," fays
a grave bifhop, ^^ the people of Alexandria, and
^^ all Egypt, were feized with a ftrange and
^^ diabolical' frenzy: ^reat and fmall, flavesand
** ireedmen^ monks and clergy, the natives of
" the land, who oppofed the fynod of Chaice-
^ don, loft their fpeech and reafon, barked like
^^ dogs, and tore, with their own teeth, the fleih
" from thdr bands andarms (71 V

The diforders of thirty years at length pro- The Hen*.
duced the famous Henoticon (72) of the em-*^,'*'*'*^^*'
peror Zeno, >diich in bis reign, and in that of A.*D.4Sftf
Anaftafius, was figned by all the biihops of the
Eaft^ under ithe penalty of degradation and ex-
ile, if they rqefled or infringed this ialutary .and
fundamental law. The clergy may fmiie or
groan at the prefumption of a layman who de-
fines the articles of laith; yet if he floops to the
humiliaiing taik, his mind is lefs infeded by pre-
judice or intereit, and the authority of the ma-
giftrate can only be maintained by the concord
of the people. It is in ecclefiaftical ftory, that
Zeno appears leaft contemptible ; and I am not
able to difcern any Manichsan or Eutychian
guilt in the generous faying of Anaftafius, That
it was unworthy of aa emperor to perfecute the
worfhippers of Chrift and the citizens of Rome.
The Henoticon was moft pleafing to the Egyp-
tians J yet the fmalleft blemiih has not been de-
fcribed by the jealous, and even jaundiced, eyes
of our orthodox fchoolmen, and it accurately re-

(71) See ^he Chronicle of Vidor Tannnneniis, id the Le^^iones Ao-
tiqoc of CsniiniB, republKhed by Bafuage, torn. i. p. 326.

17a) The Henoticon is tranfcribed by Evagrios (I. iii. c. 13.), and
tranilated by Liberatus (Biev. c. ift.) Pagi (Critica, torn. if. p. 41 1.) «iid
Aflemao (Biblioc. Orient, torn. i. p. 343.) *re i'ati&fied that it is free from
herefy; but Pettvius (Dogmat. Tbeolog. tosi. v. I. i c. 13. p. 40.) moft
ttOtccDuntabiy affirms Ch«)cec|ooenrcm afcivit* Aa aUverfary would
prove that he had aever read the Heooticoo.

^ prefents

28t THE DECLINE AND FALL

priefdits the. Catholic faith of the iacarQ^tiftm,
without adopting or difclaiming the pe^culiar
terms or tenets of the hoflile fe^. A foleom
anathema is pronounced agaiaft Neftorius and
Etttyches; againft all h^etics by whom Ghrift
is divided, or confounded, or reduced to a
phantom. Without defining the number ox the
article of the word ;ittifvr^y the pure fyftem of
St. Cyril, the faith of Nice, Ci[mftantinople, and
Ephefus, is refpeft&Uy confirmed ; but, ii^ead
of bowing at the name of the fourth coundU the
fubjed: is difmifled by the ceilfure of all contrary
dodnnes^ if any fucb have been taught either
elfewh€i:e or at Chalcedon. Under this ambi-
guous: expreffion, the friends and the enemies
of the lail fynod might unke in a filent embrace.
The moil reafonable Cfa^ians acquidced in this
mode of toleration ; but their reafon was feeble
and inconftant, and their obedience was defpifed
as timid and fervUe by the srdhement fpirit of their
brethceii; On a fufa^d. which engrofied the
thoughts and difcourfesof men, it was ^difficult
to preferye an exaA neutrality ; a bookf, ja fer^
mon, a sprayer, rekindled the flame of contro-
verfy;. and the bonds of communion were al-
temately' broken and renewed by the private
ammofi^ of the blfhop&.c The fpace between
Neftorius r and Eutychea was filled .by a t^KAfand
fiiades of language and opinion; tht jtcepbali
(73) of Egypt, ai^ the Roman pontifis, /of equal
valour, dbough of unequal ftrengdi| may. be
found at the two extremities of the iJxeological
fcale. The acephali, without a king or a biftiop,
were feparated above three hundred years ifrom

(73) See Reoftudot (Hift. Patmrcb. Alex. p. 113. 131. 14$. 19$.
447.). They were reconciled by the care of Mark 1. (A. O. 7J9-*-
8l9): he promoted their chiefs to the bifhoprics of Athribts tnd Tdbt
(pei^aps Tava. See d*Anville, p. 81.), and fnpplied the facraroentt,
which had failed for want of aa epifoopal ordioatioo*

1 the

OF THE ROMAN EMPIRE. a8j

die patriarchs of Alexandria, vfhq had accepted
die communion of Conftantinople, without ex-
acting a formal condemnation of the fynod of
Chalcedon. For accepting the communion of
Alexandria, without a formal approbation of the
&tne fynod, the patriarchs of Conftantin'ople
were anathematifed by the popes. Their inflex-
ible defpotifm' iilvolved the moft orthodox of the
Greek churches in this fpiritual contagion, de-
nied or doubted the validity of their facraments
(74), and fomented, thirty-five years, the Pchifm
of the Eaft and Weft, till they finally aboliflied
the memory of four Byzantine pontiffs, who had
dared to oppfafe the fupremacy of-St. Peter (75).
Before that period, the precarious truce of Con-
ftantinople and Egypt had b^en violated by the
zeal of the rival prelates. Maeedoniui, who
was fufpefted of the Neftorian ^erefy, afferted,
in difgrace and exile, the fyiiod of Chalcedon,
while the fuccfeffor of Cyril ^ould have pUr-
chafed its overthrow with a bribe of two tfaoufand
pounds of gold.

In the fever of the times, the fenfe, or rather The thu.
the found, of afyllable, Was fufficient to difturb |^^„^^7;
the peace of an empire. The Trisagion (76) tuithedctti

(thrice

(74} De hU iquos bapciztvit^ qaot ardmtvk Ackdot, mftjonrai tradi-
tione coofedtam et veram, fu'xcipue (^cligialae foUQitudioi coogruaon prse-
ttemvs fine difficuUate medicinim (Gelafius, in fcpid. i. ad Eaphemium,
Coocil. tPm. V. pt. 186.)* The offer of a medicine proves the difeafe,
and numbers mud have perifhed befure the arrival of the Roman phy-
fician. Tillemont himfelf (Mem. Ecclef. torn, nvl p. 37a. 641, &c.)
is <hocked at the proud unchartuble temper of the popes : they are now
glad, fays he, to invoke St. Flavian of Antioch, St. Elias of Jerufalem,
&c. to vtfhom they refufed communion whilH upon earth. But cardinal
Baronhis is €rm and hard as the rock of St. Peter.

(75) Their names were crazed from the diptych of the church: ex
veoerabili diptycboy in quo pise memorisa tranfitum ad ccelum babentivm
epiicoporvm vocabala continemur (Concil. torn. iv. p. 1846*). Thiseo-
defialiicai record was therefore equivalent to the book of life

(76) Petavins (Dogmat. Theolog.tom. v. 1. v. c. 1, 3, 4. 417—4x5.)
and Tillemont (Mem. Ecclef. torn. xiv. p. 713, &c 799.) reprefent the
hiftory and doctrine of the Tnfsgion. In the twelve centuries between
ifaiah and St. Proclus^s boy, who was uken up in«o heaven before the

biihop

284 THE DECLINE AND FALL

jf^A-ftt- (thrice holv), « Holy, holy, holy. Lord God
'a. d. ** of Hofts r* is fuppofed, by the Greeks, to be
508—518. tijg identical hymn which the angels and cheru-
bim eternally repeat before the throne of God,
and which, about th& middle of the fifth centu-
ry, was miraculoufly revealed to the church of
Con(lantinople« The devotion of Antioch foon
added, ^^ who was crucified for us !" and this
grateful addrefs, either to Chrift alone, or to
the whole Trinity, . may be juftified by the rules
of theology, and has been gradually adopted by
the Catholics^ of the £aft and Weft. But it had
been imagined by a Monqphyfite bifliop (77) j
the gift of an enemy was at firft reje&ed as a
dire and dangerous blafbhemy, and the rafli in<>
novation had nearly coft the emperor Anaftafius
his. throne and his life (78). The people of
Gonftantinople was devoid of any rational prin*
ciples of freedom; but they held, as a lawful
.caufe of ijebellion, the colour of a livery in the
races.,, or the ci^our of a myftery in the fchools.
The Trifagion, with and without this obnoxious
addition, was chaunted in the cathedral by two
adverfe choirs, and, when their lungs were ex*
haufted, they h^d recourfe to the more folid ar^
guments of fticks and ftones : the aggreflbrs were
punifhed by the emperor, and defended by the
<patriarch ; and the crown and mitre were ftaked
on the event of this momentous quarrel. The
flreets were inftantly crowded with innumerable

biihop and people of Conftantioople, the fong was confiderabiy improved.
Ttit boy heard the aogels fing ** Holy God 1 Holy ftroug ! Holy ina-
•• mortal !"

(77) Peter Gnapheu8> tht /u3tr (a trade which he had exercifed ia
^if monaftery), patriarch of Antioch. His tedious iVory is dikuflTed ia
the AooaJs of Pagi (A- D. 477 — 490) and a Di0ertation of M. de Valois
at the end of bis Evagrius.

(78) The . troubles under the reiga of Anaftaiius mull be gathered
from the- Cbrooicles of Vi^or, Marcel linus, aod Theophanea. As the
iall was not publifhad in the time of Barooius, his critic Pagi is more
copious, as well as more curre£|.

fwarms

Ot THE ROMAN EMPlkE.

fwarms of men, women, and children ; the le«
gions of monks, in regular array, marched, and
mouted, and fought at their head. ** Chriftians !
** this is the day of martyrdom ; let us not de-
*^ fert our fpiritual father; anathema to the
" Manichaean tyrant ! he is unworthy to reign."
Such was the Catholic cry ; and the gallies of
Anaftafius lay upon their oars before the palace,
till the patriarch had pardoned his penitent, and
hufhed the waves of the troubled multitude.
The triumph of Macedonius was checked by a
fpeedy exile ; but the zeal of his flock was again
exafperated by the fame queftion, " Whether
*' one of the Trinity had been crucified ?'* On
this momentous occafion, the blue and green
faflions of Conftantinople fufpended their dif-
cord, and the civil and military powers were
annihilated in their prefence. The keys of the
city, and the ftandards of the guards, were de-
pofited in the forum of Conftantine, the princi-
pal ftation and camp of the faithful. Day and
night they were inceffantly bufied either in fing-
ing hymns to the honour of their God, or in
pillaging and murdering the fervants of their
prince. The head of his favourite monk, the
friend, as they ftyled him, of the enemy of the
Holy Trinity, was borne aloft on a fpear ; and
the firebrands which had been darted agkinft he-
retical ftruftures, diffufed the undiftinguifliing
flames over the moft orthodox buildings. The
ftatiies of the emperor were broken, and his
perfon was concealed in a fuburb, till, at the
end of three days, he dared to implore the mercy
of his fubjedts. Without his diadem, and in the
pofture of a fuppliant, Anaftafius appeared on
the throner of the circus. The Catholics, before
his face, rehearfed their genuine Trifagion;
they exulted in the offer which he proclaimed by

the

/7 •

/ THE DECLINE AND FALL

iie voice of a herald, of abdicating the pur-
ble ; they liftened to the admonition, that, dnce
^11 could not reign, they Ihould previoufly agree
>,.,^_j in the choice of a fovereign ; and they accepted
the blood of two unpopular minifters, whom
their mafter, without hefitation, condemned to
the lions. Thefe furious but tranfient feditions
were encouraged by the fuccefs of Vitalian, who,
with an army of Huns and Bulgarians, for the
moft part idolaters, declared himfelf the cham-
pion of the Catholic faith. In this pious rebel-
lion he depopulated Thrace, befieged Conftan-
tinople, exterminated fizty-five daoufand of his
fellow-Chriftians, till he obtained the recall of
the biihops, the fatis&ftion of the pope, and
the eftabliilunent of the council of Chalcedon, an
orthodox treaty, rduftantly ligned by the dying
Analtafius, and more fidthfully performed by
FirftreVt- the uucle of Juftiniau. And fuch was the event
a^d''"! ^^ ^^^ ^^ ^^ ^^ religious wars, whidhi have
been waged in the name, and by the difciples,
of the God of Peace (79).
Tbcoiogicti luftinian has been already £een in the various
^d'^wD- lignts of a prince, a conqueror, and a lawgiver :
tneotof the theologian (80) flill remains, and it affords
^^!d! an unfaivourable prejudice, diat his theology
119P-S6S.

(79) The general biftory, from the coondl of Chalcedon to the dcetb
of Antfttfint, mty be found in the Breviary of Liberatus (c. 14^-19-),
the ii<l and tti<l books of Evagrius, the Abflrad of the two books of The-
odore the Reader, the Aas of the Synods, and the Epiftles of the
Popes (Concil. torn, v ). The feries it continoed with Tome Hiforder in
the xv<h and xvi<^ tomes of the Memoirea Ecciefiaftiques of Tillemont.
And here I rouft take leave for ever of that incomparable gnide— wbofe
bigotrjf is overbalanced by the merits of erudition, diligence, veracity,
and icrttpnlous minntenefs. He was prevented by death from com-
pleting, as he defigned, the vitb century of the church and empire.

(80) The ftrain of the Anecdotes of Procopius (c. 11. 1 5 18. 17, 28.)*
with the learned remarks of Alemannus, is confirmed, rather than con-
tradicted) by the AClsof the Councils, the fourth book ofEvagrins, and
the complaints of the African Facuodus in his xiith book — de tribas ca-
pitulis, ** cum videri dpaos appetit importune . . . fpontaneia qnefti-
** ontbua ecclefiam turbat.** See Procop. de Bell. Goth. 1. iii. c. 3$.

ihould

OF THE ROMAN EMPIRE, 287

ihould form a very prominent feature of his
portrait. The fovereign fympathifed with his
fubjefts in their fuperftitious reverence for living
and departed faints^ his Code, and more efpe-
cially his Novels, confirm and enlarge the pri-
vileges of the clergy ; and in every difpute be-
tween a monk and a layman, the partial judge
was inclined to pronounce^ that truth, and in-
nocence, and juftice, were always on the fide of
the church* In his public and private devotions,
the emperor was afliduous and exemplary ; fas
prayers, vigils, and fafts, difplayed the auftere
penance of a monk; his fancy was amufed by
the hope, or belief, of perfonal infpiration ; he
had fecured the patronage of the Virgin and St.
Michael the archangel ; and his recovery from a
dangerous difeafe was afcribed to the miraculous
fuccour of the holy martyrs Cofmas and Damian*
The capital and the provinces of the Eaft were
decorated with the monuments of his religion
(81) i and, though the far greater part of thefe
coftly ftruftures may be attributed to his tafte or
oftentation, the zeal of the royal archited was
probably quickened by a genuineTeftfe of love
and gratitude towards his invifible benefadors.
Among the titles of Imperial greatnefs, the name
of Pious was moft pleafing to his ear ; to promote
the temporal and fpiritual intereft of the church,
was the ferious bufinefs of his life ; and the duty
of father of his country was often facrificed to
that of defender of the faith. The controverfies
of the times were congenial to his temper and
underftanding ; and the theological profeflbrs
muft inwardly deride the diligence of a ftranger,
who cultivated their art and neglefted his own.
" What can ye fear," faid a bold confpifator to

(81) Fi'ocop. de EdlficiiS) 1. i. c. 6> 7, &c. paflinu

his

i88 THE DECLINE AND FALL

his aflbciates^ ^^ from your bigoted tyrant?
*^ Sleeplefs and unarmed he fits whole nights
*^ in his clofet, debating with reverend grey-
** beards, and turning ovy the pages of ec-
*^ clefiailical volumes (82).^" The fruits of thefe
lucubrations were difplayed in many a confe-
rence, where Juftinian might fliine as the loudeft
and mod fubtle of the difputants ; in many a
fermon, which, under the name of edids and
epiftles, proclaimed to the empire the theology
of their mailer. While the Barbarians inva-
ded the provinces, while the victorious legions
marched under the banners of Belifarius and
Narfes, the fucceflbr of Trajan, unknown to the
camp, was content to vanquifli at the head of a
fynod. Had he invited to thefe fynods a difin-
terefted and rational fpeftator, Juftinian might
have learned, ** that religious controverfy is the
** offspring of arrogance and folly ; that true
^' piety is moft laudably exprefied by filence
^' and fubmiffion ; thai man, ignorant of his
^^ own nature, fliould not prefume to fcrutinife
^^ the nature of his God ; and, that it is fuffi-
^^ cient for us to know, that power and bene-
^^ volence are die perfect attributes of the
" Deity (83)."
Hit perfecu- Toleratiou was not the virtue ^ the times,
***"• and indulgence to rebels has feldom been the
virtue of princes. But when the prince de*

(8a) *0c }t iu0«TM o^Xaxrtc ic ofi t«v Xstf^c tivoc aatfi ftmrw ifuui rtic
tm liftm yfwif aaytm «VMu«Xiiv tol XfiT^taw Xo}«(a a^mtlv* tXJ^' ^''^
cop^ dc Bell. Gotb. 1. iii. c. 52. Id the life of St Emychiut (apod
Aieman. ad Procop. Arcao. c. iS.)* the fame ch«raAer is given with ■
defign to praife Juftinian.

(83) For thele wife and moderate fentimenct, Pro^pio* (deBell.
Coih 1. c. 3 ) h fcoorged in the Preface of Alemannus, who ranks him
among the fclitUai Chriftians—- fed longe verios b«relbm omnium fen*
tinas, prorioiqoe Atheo8^*abominable Atheifts, who preached the imi-^
tatioo of God^a mercy to man (ad Hift. Arcan. c. 13 ).

fcends

OF THE ROMAN EMPIRE. 289

fcends to the narrow and peevifh charadter of a
difputant, he is eafily provoked tofupply the defeat
of argument by the plenitude of power, and to
chaftife without mercy the perverfe blindnefs of
thofe who wilfully (hut their eyes againft the
light of demonftration. The reign of Juftinian
was an unifoto, yet various fcene of perfecution ;
and he appears to have furpaffed his indolent pre- .
deceflbrs, both in the contrivance of his laws
and the rigour of their execution. The infuf-ofheretia
ficient term of three months was affigncd for
the converfion or exile of all heretics (84) ; and
if he ftill connived at their precarious flay,
they were deprived, under his iron yoke, not
only of the benefits of fociety, but of the com-
mon birth- right of men. and Chriflians. At the
end of four hundred years, the Montanifls of
Phrygia (85) flill breathed the wild enthufiafm of
perfeAion and prophecy, which they had im-
bibed from their male and female apoflles, the
fpecial organs of the Paraclete. On the ap-
proach of the Catholic priefls and foldiers, they
grafped with alacrity the crown of niartyrdom ;
the conventicle and the congregation perifhed in
the flames, but thefe primitive fanatics were not
extinguifhed three hundred years after the death
of their tyrant. Under the proteftion of the
Gothic confederates, the church of the Arians at
Conflantinople had braved the feverity of the
Vol. VIII. U laws

(84.) Th*8 alternative, a precious circuitiftancc, is preferred by John
MalaU (torn. ii. p. 63. edit. Venct. 1733), who deferves more cre-
dit as he draws towards his end. After numbering the heretics, Nef-
torians, Eutychians, &c. ne expeaent, fays Juflinian, ut digni vcnia
judicentur t jubemus enim nt . . . conviili et aperti hseretici juftae et
idoneae animadverfioni fubjiciantvr. Barcnlus copies and applauds this
edia of the Code (A. D. ^17. N*» 39, 40.).

(8$) See the character and principles of the Montanifts, in Moflietm,
de Rebus Chrift. ante Coaftaotinum, p. 410— 414.

apo THE DECLINE AND FALL

laws : their clei^ equalled the weahh and mag-
nificence of the fenate ; and the gold and filver
which were feized by the rapacious hand of Juf-
•f P«gM8 i tinian might perhaps be claimed as the fpoite of
the provinces and the trophies of the Barbarians.
A fecret remnant of pagans, who itiU lurked
in the moft refined and the moft ruftic conditions
' of mankind, excited the indignation of the Chrif-
tians, who were perhaps imwilling that any
ftrangers ftiould be the witneffes of their intes-
tine quarrels. A bifhop was named as the inqui-
fitor of their faith, and his diligence foon difco-
vcred in the court and city, the magiftrates,
lawyers, phyficians, and fophifts, who ftill che*
riflied the fuperftition of the Greeks- They
were ftemly infornied that they muft chufe with-
out delay between the difpleafure of Jupiter or
Juftinian, and that their averfion to tne gofpel
could no longer be difguifed under the fcandalous
ma(k of indifference or impiety. The patrician
Photius perhaps alone was refolved to live and
to die like his anceftors : he enfranchifed him-
felf with the ftroke of a dagger, and left his ty-
rant the poor confolatiort of expofing with igno-
miny the lifelefs corpfe of the fugitive- His
weaker brethren fubmitted to their earthly mo-
narch, underwent the ceremony of baptifm, and
laboured, by their extraordinary zeal, to eraze
the fufpicion, or to expiate the guilt, of idola-
try. The native country of Homer, and the
theatre of the Trojan war, ftill retained the laft
fparks of his mythology : by the care of the fame
biftiop, feventy thousand Pagans were detected
and converted in Afia, Phrygia, Lydia, and
Caria ; ninety-fix churches were built for the
new profelytes ; and linen veftments, bibles, and

liturgies.

OF THE ROMAN EMPIRE. zgi

litui^ies, and vafes of gold and filver, were
fupplied by th« munificence of Juftinian (86).
The Jews, who had been gradually ftripped of ®^J^^**
their immunities, were oppreffed by a vexatious
law, which compelled them to obferve the fef-
tival of Eafter the fame day on which it was ce-
lebrated by the Chriftians (87). And they might
complain with the more reafon, fince the Catho^
lies themfelves did Hot agree with the aftronomi-
cal calculations of their fovereign : the people of
Conftantinople delayed the beginning of their
Lent a whole week after it had been ordained by
authority ; and they had the pleafure of fading
feven days, while meat was expofed for fale by
the command of the emperor. The Samaritans of Sfmiri.
of Paleftinc (88) were a motley race, an ambi-'""*
guous fedt, rejefted as Jews by the Pagans, by
the Jews as fcifmatics, and by the Chriftians as
idolators. The abomination of the crofs had al-
ready been planted on their holy mount of Gari-
zim (89), but the perfecution of Juftinian of-
fered only the alternative of baptifm or rebel-
U z lion.

(86) Theophtn. Chroik p. ig^. John, the Mooophyfite blihop of
Afia, is a more aathentic witnefs of this tranfadtion, in which he wfl«
lilrafelf employed by the emperor (Afleman. Bib. Orient, torn. iU
p. 8$.).

(87) Compare Procopius(Hift. Arcan.'c. 48. and Alleman*8 Notes)
with Theophanes (Chron. p. 190.). The coonciJ of Nice has en-
trufted the patriarch, or rather the aftronomers, of Alexandria with
the annual proclamation of Eafter ; and we ftill read, or rather we do
Bot read, many of the Paf chal epiftles of St. Cyril. Since the reign
of Monophytifm in Egypt, the Catholics were perplexed by fuch t
foolifh prejudice as that which fo long oppofed, among the Proteflants,
the reception of the Gregorian ftyle.

(88) For the religion and hiftory of the Samaritant, confult BafntgCv
Hiftoiredes Jnifs, a learned and impartial work.

(89) Sichem, Neapolis, Naplous, the ancient and modern feat tif the ,
Samaritans, is fitnate in a valley between the barren Ebal, the mountain

of cnrfing' to the north, the fruitful GarisJmy or mountain of curfing
to the fouth, ten or eleven hours travel from Jemfalem. See Mann-
drd, Journey trom. Aleppo, &c. p. $9—^3,

%gz THE DECLINE AND FALL

lion. They chofe the latter :• under the ftandard
of a defperate leader, they rofe in arms, and re-
taliated their wrongs on the lives, the property,
and the temples of a defencelefs people. The
. Samaritans were finally fubdued by the regular
forces of the Eaft : twenty thoufand were flain,
twenty thoufand were fold by the Arabs to the
infidels of Perfia and India, and the remains of
that unhappy nation atoned for the crime of trea-
fon by the fin of hypocrify. It has been com-
puted that one hundred thoufand Roman fubjefts
were extirpated in the Samaritan war (90), which
converted the once-fruitful province into a defo-
late and fmoking wildemefs. But in the creed
of Juftinian, the guilt of murder could not be
applied to the flaughter of unbelievers ; and he
pioufly laboured to eftablifh with fire and fword
the unity of the Chriftian faith (91).
His ortiio- With thefe fentiments, it was incumbent on
*^*^ him, at leafl:, to be always in the right. In the
firft years of his adminiftration, he fignificd his
zeal as the difcipleand patron of orthodoxy : the
reconciliation of the Greeks and Latins efta-
blifhed the tome of St. Leo as the creed of the
emperor and the empire ; the Neftorians and Eu-
tychians were expofed, on either fide, to the
<Jouble edge of perfecution ; and the four fy nods,
of Nice, Conftantinople, Ephefus, and Chalcedony
were ratified by the code of a Catholic Jaw-

giver

(90) Procop. Anecdot, c. ii. Theophan. Chron. p. 15a. John
MalaU, Chron. torn. ii. p. 6%. I remember an oblerv&tion, half
philofophical, half fupcrftitious, that the province which had been ruined
by the bigotry of Juftinian, was the fame through which the Mahome-
taas penetrated into the empire.

(91 ) The expreifion of Procopius is remarkable : « y»f •< f}«tf<
^•9M- w^fotwi uteciy nf yi fcn tuc avru tt^in w nAivr^ t m
rv}^Mf 4>TH, Anecdot.. c, 1 3, ,

OF THE ROMAN EMPIRE. 493

giver (9a). But while Juftinian ftrove to main*
tain the uniformity of faiih and worfhip, his wife
Theodora, whofe vices were not incompatible
with devotion, had liftened to the Monpphyfite
teachers ^ and the open or clandeftine enemies
of the church revived and multiplied at the fmile
of their gracious patroqeft. The capital, the
palace, the nuptial bed, were torn by fpiritu^l
difcord ; yet fo doubtful was the fincerity pf the
royal conforms, that their feeming difagreement
was imputed by many to a fecret and mifchievous
confederacy againll the religion and happinefs
of their people (93). The fj^mous difpute of the The aire«
THREE CHAPTERS (94), wWch has filled morc ^^*P'*^
volumes than it defer ves line^, is deeply marked ssaWjS;
with this fubtle and difingenuous fpirit. It was
now three hundred years fmce the body of Ori-
gen (s5) had beep eaten by the wprms : his foul,

' • : of

(91) Sec the Chronicle of Vlftor, p. 318. tndthe original evidence
of the laws of Juftinian. Daring the firft years of his reign, Baroniua
himfelf is in extreme g5od humour with the emperor, who courted the
popes till he got them into his power.

(93) Procoptus, Anecdot. c. 13. Evagrius, 1. iv. c. 10. If tht
ccclejfiaftical never read the fecret hiftorian, their common fufpicioa
proves at leaft the general hatred.

(94) On the' fubje£t' of the three chapters, tl|e origiqal w^ of tho
v*^ general council of (^onftantinople fypply muchufelefs, though au-
thentic, knowledge (Concil. torn. vi. p. 1 — 419.)- The Gr*** Eva-
grins is lefs copious aqd corre^ (K iv. c. 38.) than the three zealous
jifricans\ Facundus (in his twelve boolc^, de tribus capitulis, which are
moft correilly publlfhed by Siirmond), Liberatus (in his Breviarium, c.*
zz, 13, Z4; ) aqd Viaor Tu^iuneniis in his p^hrootde (in torn. \, An-
tiq. Lc€l. Canifi^ p. 330 — 334.)-, T^^ Liber Pontificalis, or Ana*
ftafias (in Vigilio, Pelagio, &c. ), is original, Italisn evidence. Tti^
modern reader will derive fome iafom^atioh from Dtlpin (Bibfiot. £c*
clef. tom. V. p. 1 89—207.) and Bafnage (Hift. da rE^lifc, torn. i. p.
^19 — 541.) ; yet the latter is too firmly refolved to depreciate the au-
thority and chara^er «f the popes.

- (95) Origen had indeed too great a propenfity to imitate thf srMi'V
and ^vTrt/iu* of the o\A philofophers (Jcftinian> ad IVfeqnara, iq
Concil, tom. yi, p. 3S^ )• ^i^ moderate opipiops were too repugn
nant to the zeal of the chuich, and he was found guilty of the h^refy
' of reafon.

t94 THE DECLINE AND FALL

of which he held the pre-exiftence, was in the
hands of its Creator, but his writings were ea-
gerly perufed by the monks of Paleftine. In
thefe writings, the piercing eye of Juftinian de-
fcried more than ten metaphyficai errors ; and
the primitive dodtor, in the company of Pytha-
goras and Plato, was devoted by the clergy to
the eternity of hell-fire, which he had prefumed
to deny. Under the cover of this precedent, a
treacherous blow was aimed at the council of
Chalcedon. The fathers had liftened without
impatience to the praife of Theodore of Mop-
fueftia (96) : and their juftice or indulgence had
reftored both Theodoret of Cyrrhus, and Ibas of
Edefla, to the communion of the church. But
the characters of thefe Oriental bifliops were
tainted with the reproach of herefy ; the firft had
been the matter, the two others were the friends,
of Neftorius : their moft fufpicious paflages were
accufed under the title of the three chapters \ and
the condemnation ot their memory muft involve
the honour of a fynod, whofe name was pro-
nounced with fincere or afFecled reverence by the
Catholic world. If thefe bilhops, whether inno-
cent or guilty, were annihilated in the fleep of
death, they would not probably be awakened by
the clamour, which after an hundred years was
raifed over their grave. If they were already in
the fangs of the daemon, their torments could
neither l)e aggravated nor affuaged by human
induftry. If in the company of faints and an-
gels

(9tf)Barnage(Pfflefat p. 11— 14. ad torn. 1. Aotiq. Lea. Canif.)
has fairly weighed the guilt and innocence of Theodore of Mopfneltia.
If he compofed 10,000 vohime^f at many errors would be a charitable
tllowance. In aH the fubfe^uent catalogues of herefiarcfas, he alone,
without his two brethern, is included ; and it is the duty of AflTcmaa
(Bibliot. Orient. toni« iv. jb 203^207)10 jaftify the featence.

OF THE ROMAN EMPIRE. ^95

gels they enjoyed the rewards of piety, they
mull have fmiled at the idle fiiry of the theolo-
gical infedls whoftill crawled on the furface of the
earth. The foremoft of thcfe infefts, the empe-
ror of the Romans, darted. his fting, and diftilled
his venom, perhaps without difcerning the true
motives of Theodora and her ecclefiaftical fac-
tion. The vidlims were no longer fubjedt to his
power, and the vehenient Ityle of his cdidts
could only proclaim their damnation, and invite
the clergy of the Eail to join in a full chorus of yth general
curfes and anathemas. The ^aft, with fome he- JJ?"^^^^.
fitation, confented to the voice of her fovereign : ftaminopic^
the fifth general council, of three patriarchs and J^^ ^'J}^*
one hundred and fixty-five bifliops, was held atju^a?"
Conftantinople \ and the authors, as well as
the defenders, of the three chapters were fepa-
rated from the communion of the faints, and
folemnly delivered to the prince of darknefs.
But the Latin churches were more jealous of the
honour of Leo and the fynod pf Chalcedon ; and
if they had fought as they ufually did under the
ftandard of Rome, they might have prevailed
in the caufe of reafon and humanity. But their
chief was a prifoner in the hands of the enemy ;
the throne of St. Teter, vrfiich bad been dif-
graced by the fimony, was betrayed by the cow^
ardice, of Vigilius, who yielded, after a long
and inconfiftent ftriiggle, to the defpotifm of
Juftinian and the fophiftry of the Greeks. Hi3
apoftacy provoked the indignation of the
Latins, and no more than two bifhops
could be found who would impofe their
hands on his deacon and fuccetTor PelagiusJ Yet
the perfeverance of the popes infennbly trans-
ferred to their adverfaries the appellation of fchif-
matics : the Ulyrian, African^ and Italian

churches

296 THE DECLINE AND FALL

churches, were oppreffed by the civil and ecck-
fiaftical powers, not without fome effort of mi-
litary force (97) ; the c^ift^nt Barbarians tran-
fcribed the creed of the Vatican, and in the pe-
riod of a century, the fchifm of the three chap-
ters expired in an obfcure angle of the Venetian
province (98). But the religious difcontent of
the Italians ksid already promoted the conquefts
of the Lombards, and the Romans themfelves
were accuftomed to fufped the faith, and
to deteft the government, of the Byzantine ty-
rant.
Hcrefyof Juftinian was neither fteady nor confiftent in
A. D.**564. the nice procefs of fixing his volatile opinions and
thofe of his fubjefts. In his youth, he was of-
fended by the flighteft deviation from the ortho-
dox line ; in his old age he trangrefled the mea-
fure of temperate herefy, and the Jacobites, not
lefs than the Catholics, were fcandalized by his
declaration, that the body of Chrift was -incor-
ruptible, and that his manhood was never fubjeft
to any wants and infirmities, the inheritance of
our mortal flefli. This phantafiic opinion was an-
nounced in the laft edidbs of Juftinian ; and at
the moment of his feafonable departure, the
clergy had refiifed to fubfcribe, the prince was

prepared

(97) See the compUints of Liberator aod Vlfkoiy aod the exhortt*
tioosofpope Pelagius to thecooqueror and exarch.of Italy. • Schifma
. . . per poteftates pablicas opprimatnr, Sec. (Concil. torti. vi. p. 467,
&c. ). An army was detained to fupprefs the fcditioa of an Ijlyrian ci-
ty. See Procopms (de Bell. Goth. 1. iv. c. 15.)* «'v ^rip tvtxet
fpto-tf ttvrpiT 01 X^<r<fey»< oietfUM^^fTctt* He feems to prcmife an
ecdefiaftical kiftory. It would have been carious and impartial.

(98) The bifliops of the patriarchate oFAqaiieia were reconciled by
pope Honorius, A. D.638(Muratori, Annalid*ltalia,tom. v, p. 37 6" );
bat they again rclapfed, and the fchifm was not finally extinguifhcd
till 698. Fourteen years before, the church of Spain had overlooked
the v*** general council with contemptuous fileacc (xiii. Concii. Tolc-
ttn. in Concil. torn. vii. p. 487—4^4.}.

OF THE ROMAN EMPIRE. ^9^

prepared to perfecute, and the people were re-
folved to fuffer or refift. A bifhop of Treves^
fecure beyond the limits of his power, addrcffed
the monarch of the Eaft in the language of authority
and affection. *^ Moft gracious Juftinian, remem-
** ber your baptifm and your creed ! Let not your
•* grey hairs be defiled with herefy. Recall your
•* fathers from exile, and your followers from per-
** dition. You cannot be ignorant that Italy
" and Gaul, Spain and Africa, already deplore
*^ your fall and anathematife your name. Unlefs,
** Without delay, you deftroy what you have
** taught ; unlefs you exclaim with a loud voice,
** I have erred, I have finned, anathema to Ne-
" ftorius, anathema to Eutyches, you deliver
" your foul to the fame flames in which they will
•' eternally burn.'* He died and made no
fign (99). His death reftored in fome degree
the peace of the church, and the reigns of his four
fucceflors, Juftin, Tiberius, Maurice, and Pho-
cas, are diftinguiflied by a rare though fortunate
vacancy in the ecclefiaftical hiftory of the
E^ft (100).

The facultiesof fenfe and reafon are leaft capa- The M-^no-
blc of adting on themfelves ; the eye is moft in- tHditc con-
acceflible to the fight, the foul to the thought ; a.^'d. 5^*9. ,
yet we think, and even feel, that one will^ a fole
principle of adion, is eflential to a rational and

confcious

(99) Nicctius, billiop of Treves (Concil. torn. vi. p. i»ii — 513.) :
iie himfelf, like moft of the Gallican prelates (Gregor. tpifl. 1. vH.
ep. 5. in. Concil. torn. vi. p. 1007.), was fepar^ted froro the comnau-
nion of the four patriarchs by his refufal to condemn the three chapters.
Baronius almoft proooaoces the damnation of Juftinian (A.. D. $55»
N^ 6.).

(100) After relating the Uft herefy of Juftinian (L iV. c. 39, 40, 41. )
zrA the cdi6t of his fucceflor (I. v. c. 3.)* the .remainder of the hifto-
rj of Evagrios is filled with civile inftetd of.ecciefitftical, events^ .

298 THE DECLINE AND FALL

confcious beng. When Heraclius returned from
the Perfian war, the orthodox hero confulted his
bifhops, whether the Chrift whom he adored^
of one perfon, but of two natures, was actuated
by a fingle or a double will. They replied in
the fmgular, and -the emperor was encouraged
to hope that the Jacobites of Egypt and Syria
might be reconciled by the profeflion of adodlrine,
moft certainly harmfefs, and moft probably true^
fince it was taught even by the Neltorians them«
felves (loi). The experiment was tried without
effedk, and the timid or vehement Catholics con-
demned even the femblance of a retreat in the'
prefence of a fubtle and audacious enemy. The
orthodox (the prevailing) party devifed new mr^des
of fpeech, and argument, and interpretation ; to
either nature of Chrift, they fpecioufly applied
a proper and diftinft energy ; but the difference
was no longer vifible when they allowed that the
human and the divine will were invariably the
feme (102). The difeafe was fittended with the
cuftomary fymptoms ; but the Greek clergy, as
if fatiate with the endlefs controverfy of the in-
carnationj^ inftilled a healing counfel into the ear

of

(loi) This extrtordiotry, tnd perhaps inconfiftent, rfoarmc ofthe
KcftonanSy had been ^bfcrved by La Croze (ChriftiaaiTme des Indc?,
torn. i. p. 19, %o.), nod is more fuily expofedby Abulpharagias (Bib-
b'ot. Orient, torn, ii p. 191. Hift. Dyntft. p. 91. vcrf. Latin. Pocock)
and Aifeman himfelf (torn, iv. p. ft 18.). They feem ignorant that
they might allege the po&thrt avthocity of the eflhefis. *0 fUMf0i

Urmym imh^ (the commoa reproKJ^ •£ the Moaophyfites)^ ^

rtff . . • . iv^9f^itre*9th^tm (ConciH torn. vii. p. 405.).

(loa) See the orthodox faith jn Petavius (DtagmaU Theolog. torn. r.
1. ix. c. fir— 10. p. 431—447.): til the depths of this controverfy are
foQAded in the Greek Aalogae between Maximiis and Pyrrhu8(ad cal-
ccm. torn, viii^ AnnftK Btron^ p. 755— 794), which relates t real cou-
lerencCy ud produced M a ihorl4iTed GOBverfloft.

O F THE ROMAN EMPIRE, 299

of the princs^and people. They declared them-
felves MONOTHELiTES (affcrtcrs of the unity of
will), but they treated the words as new, the
queftions as fuperfluous j and reeommended a
religious filence as the moft agreeable to the pru-
dence and charity of the gofpel. This law of
filence was fucceffively impofed by the eSlhefis or Thceahdk
expofition of Heraclius, the type or tnodel of his<>^**«»^**
grandfon Conftans (103) ; and the Imperial edidts a^d. 65^
were fubfcribed with alacrity or reluftanceby the^^^yp*=*^
four patriarchs of Rome, Conftantinople, Alex- a?d. '^4*.
andria, and Antioch. But the bifhop and monks
of Jerufalem founded the alarm : in the language,
or even in the filence, of the Greeks, the Latin
churches detetfted a latent herefy : and the obe-
dience of pope Honorius to the commands of his
fovereign was retradted and cenfuied by the bold-
er ignorance of his fucceflTors. They condemned
the execrable and abominable herefy of the
• Monothclites, who revived the errors of Manes^
ApoUinj?ris, Eutyches, &c. they figned the fen-
tence of excommunication on the tomb of St*
Peter ; the ink was mingled with the facramental
wine, the blood of Chrift; and no ceremony was
omitted that could fill the fuperftitious mind with
horror and affright. As the reprefentative of the
weftern church, pope Martin and his Lateran fy-
nod anathematifed the perfidious and guilty
filence of the Greeks : one hundred and five bi-
(hops of Italy, for the mofi part the fubjefts of
Conftans, prefumed to reprobate his wicked type

and

(103) Impiiflimamcdlhcfim . . . fccIerofnmtypiim(Coiicfl. torn. vi?.
p. 366.) diaboiicae opcrationis genimina (forf. gtrmina^ or die tbe
Greek yi^i^iMtrett in the original. Concil. p. 363, 364. ) are the ex-
preflioos of tbe xviii*** anathema. The epiftle of Pope Martin to
Amandus, a Gallican biOiop, ftigmatifes the Monothclites and their
kcrcfy withc^ugl virulence (p. l^^*),

300 THE DECLINE AND FALL

and the impious e^befis of his grandfather, and
to confound the authors and their adherents with
the twenty-one notorious heretics, the apoftates
from the church, and the organs of the devih
Such an infult under the tameft reign could not
pafr with impunity. Pope Martin ended his
days on the inhofpitable ftiore of the Tauric
Cherfonefus, and his oracle, the abbot Maxi-
mus, was inhun^anly chaftifed by the amputa-
tion of his tongue and his right-hand (104),
But the fame invincible fpirit furvived in their
fucceffors, and the triumph of the Latins avenged
their recent defeat, and obliterated the difgrace
yjrt ^^^ of the three chapters. The fynods of Rome were
rsi council : Confirmed by the fixth general council of Con-
fcJl^nopiT ftantinople, iii the palace and the prefence of a
new Conftantine, a defcendant of Heraclius.
A. D. ^86. The royal convert converted the Byzantine pon-
iL D-^1 tifFand a majority of the bifliops (105) ^ the dif-
Sept. i5. '* fenters, with their chief Macarius of Antioch,
were condemned to the fpiritual and temporal
pains of herefy ; the Sail condefcended to ac-
cept the leflbns of the Weft; and the creed was
finally fettled, which teaches the Catholics of
every age, that two wills or energies are harmo-
nized in the pcrfon of Chrift. The majefty of
the pope and the Roman fynod was reprefented
by two priefts, one deacon, and three bifliops ;

but

(104) The fufferngs of Martin and Maximus arc dcfcribed with pa-
thetic fimpticity in their original letters and a6t6 (Concil. t<mi. vit. p.
63-^78* Baron. Annal. Ecclef. A. D. 6^6, N* i. et annos fubfequcnt.).
Yet the chaftifement of their difobediencc, f^opiae and q-Mfcttrtr
tuKio-ftoi had been previoufly announced in the type of Conftans (Con-
di, torn. vii. p. 240.).

(105) EutychTus (Annal. torn. ii. p. '368.) mod crrcncoufly fuppo-
fes that the 1*4 bifhops of the Roman fynod tranfported themfelvcs to
Conftanilnople ; and by adding them to the i58 Greeks, thus compo*
Ics the fixth council of %^l fathers.

OF THE ROMAN EMPIRE. 301

but thefe obfcure Latins had neither arms to com-
pel, nor treafures to bribe, nor language to per-
fuade; and I am ignorant by what arts they
could determine the lofty emperor of the Greeks
to abjure the catechifm of his infancy, and to
perfecute the religion of his fathers. Perhaps
the monks and people of Conftantinople(^io6)
were favourable to the Lateran creed, which is
indeed the leaft reafonable of the two : and the
fufpicion is countenanced by the unnatural mo-
deration of the Greek ckrgy, who appear in this
quarreUo be confcious of their weaknefs. While
the fynod debated, a fanatic propofed a more
fummary decifion, by rarfing a dead man to life :
the prelates affifted at the trial, but the acknow-
ledged failure may ferve to indicate, that the paf-
fions and prejudices of the multitude were not
enlifted on the fide of the monothelites. In the
next generation, when the fon of Conftantine
was depofed and flain by the difciple of Maca-
rius, they tailed the feaft of revenge and domi-
nion : the image or monument of the fixth coun-^
oil was defaced, and the original ads were com-
mitted to the flames. But in the fecond year,
their patron was caft headlong from the throne,
the biftiops of the Eaft were releafed from their
occafional conformity, the Roman faith was
more firmly replanted by the orthodox fucceflora
of Bardanes, and the fine problems of the in-
carnation were forgotten in the more popular

and

{to6) The MonoChclite CoAlUns wts luted by all %« roi Ttcvr*
(fays Theophanes, Chron. p. apx.) |f««f <fd)} r^a^p^ T«^« 7r«vT«9
When the Monothelite monk failed in his miracle, the people (bouted
f Xcui «fi^«iirf (Condi, torn. vii. p. lojz.). Bat this was a natu«
ral and tranfient emotion ; and 1 much fear that the latter is an aoti-
«if>atton of orthodoxy in the food people of CoQftantinopU.

3QZ THE DECLINE AND FALL

and vifible quarrel of the worlhip of images

(107).

Ubionof Before the end of the feventh century, the

m^u^'t creed of the incarnation, which had been defi-

dhtrdies. ned at Rome and G)nftantinopIe, was uniformly

preached in the remote iflands of firitain and

• Ireland (108): the fame ideas were entertained^

or rather the fame words were repeated, by all

the Chriftians whofe liturgy was performed in

Ae Greek or the Latin tongue. Their numbers,

and vifible fplendour, bellowed an imperfalt claim

to the appellation of Catholic^ : but in the Eaft,

ihey were marked with the lefs honourable name

of Mekhites^ or Royalifts(io9)i of men, whofe

faith,

(107) Tbe hiftorfof Moaothelltirm mtybe found io the A£ls of the
Synods of Rome (torn, vii.p. 77 — 395, 601—608,) and Conftantinopic
(p. 609 — 14.29.)* Baroaias extra£ked fome original dociimcnu from
the Vatican library ; and his chronology is rc6ti6ed by the diligence of
Piagi. Even Dupin (Bibliotheque Ecclcf. torn. vi. p. 57 - 71.) and
Bal'nage (Hift. de rEgUfe, torn. i. p. $41— SSS*) afford a tolerable
abridgment.

(108) In the Latcran fjrnodof 679, Wilfrid, an Angb-Saron bifliop,
rubfcribcd pro omni Aquilonati pArte Britannic et Hiberaie, qn«. ab
Anglorum et Brittonom, necnoa Scotorum et Pi^orum gentibus cole-
bantur (Eddius, in Vit. St. Wilfrid, c. 31. apud Pagi, Critica, tom. iiL
p. 88.}. Theodore (magne idfuiae Britannic archiepiicopns et philo-
fophus) was long^ expe^ed at Rome (Concil. tom. vii. p. 714.); bat
be contented himfelf with holding (A. D. 680) his provincial fyood of
Hatfield, ia which he received the decrees of pope Martin and the firft
Lateran council againll the Monothelites (Concil. tom. vii. p. 597, &c.).
Theodore, a monk of Tarfus in Cilicra, had been named to the pri-
macy of Britain by pope Vitalian ( A. D. 66S. See Baronias Add Pagi),

' mrhofe efteem for his learning and piety was tainted by fome diftrufl of
his national charadler — ne quid contrarium veritati fidei, Grxcorum
more in ecclefiam cui prseeiTet introduceret. The Cilician was fent
from Rome to Canterbury under the tuition of an African guide (Be-
ds Hi(t. Eccief. Anglorum, 1. iv. c. i.). He adhered to the Roman
d>£fcrioe ; and the fame creed of the incarnation has been uniformly
tranfoiitted from Theodore to the modern primates, whofe found un*
derftanding is perhaps feldom engaged with that abftrufe myltery.

(109) This name, unknown till the x*** century, appears to be of
Syriac origin. It was invented by the Jacobites, and eagerly adopted
by the Neftorians and Mahometans; but it was accepted without fhame by
the Catholics, and is frequently uied in the Annabof Eutychios ( Adfe-
man. Bibliot. Orient, tom. ii. p. 507, flee. tom. iii. p. 355, Renac*
dbt> Hia. Patriarch. Alcxandrin. p. 119.). 'H«e«*j IvAvi t» B««-«Am^,

OF THE ROMAN EMPIRE.

303

faith, inftead of refting on the balis of Scripture,
reafon, or tradition, had been eilablifhed, and
was ftill maintained, by the arbitrary power of
a temporal monarch. Their adverfaries might
allege the words of the fathers of Conftantinople,
who profefs themfelves the flaves of the king^
and they might relate, with malicious joy, how
the decrees of Chalcedon had been infpired and
reformed by the emperor Marcian and his virgin
bride. The prevailing fadlion will naturally in-
culcate the duty of fubmiffion, nor is it lefs na-
tural that diffenters (hould feel and aflert the prin-
ciples of freedom. Under the rod of perfecu-
tion, the Neftorians and Monophyfites degene-
rated into rebels and fugitives : and the moft
ancient and ufeful allies of Rome were taught to
confider the emperor not as the chief, but as the
enemy, of the Chriftians. Language, the lead-
ing principle which unites or feparates the tribes
of mankind, foon difcriminated the fecflaries of
the Eaft, by a peculiar and perpetual badge,
which aboliflied the means of intercourfe and the
hope of reconciliation. The long dominions of .
the Greeks, their colonies, and, above ail, their f4»a^
eloquence, had propagated a language, doubt- ""J^^^^
lefs the moft perfedt that has been contrived by "^ *
the art of man. Yet the body of the people, both in
Syria and Egypt, ftill perfevered in the ufe of their
national idioms ; with this difference however,
that the Coptic was confined to the rude and illi-
terate peafants of the Nile, while the Syriac (no),

from

WAS themcclamationof the fathers of Conftantinople (ConciL torn. viL

(no) The Syriac, which the natives revere as the primitive lan->
fnage, was divided iatothree diaief^s. i . The Aramaan^ as it was refined
at Edeifa and the cities of Mefopotamia. 1. The Paleftsne^ which waa
afcd in Jcrufalem. DamaCcuf, and the reft of Syria. 3. The Nt^-

304 THE DECLIKE AND FALL

from the mountains of Affyria to the Red Sea,
was adapted to the higher topics of poetry and
argument. Armenia and Abyflinia were infedled
by the fpeech or learning of the Greeks; and
their Barbaric tongues, which have been revived
in the ftudies of modem Europe, were unintelli*
gible to* the inhabitants of the Roman empire.
The Syriac and the Coptic, the Armenian and
the ^thiopic, are confecrated in the fervice of
their refpedtive churches ; and their theology is
enriched by domeftic verfions(iii) both of the
fcriptures and the moft popular fathers. After a
period of thirteen hundred and fixty years, the
fpark of controverfy, firft kindled by a fermon
of Neftorius, ftill burns in the bofom of the Eaft ;
and the hoftile communions ftill maintain the
faith and difcipline of their founders. In the
moft abjedt ftate of ignorance, poverty, and fer-
vitude, the Neftorians and Monophyfites rejeft
the fpiritual fupremacy of Rome, and cherifli
the toleration of their Turkifli mafters, which
allows them to anathematife, on one hand, St.
Cyril and the Synod of Ephefus ; on the other,
pope Leo and the council of Chalcedon. The
weight which they caft into the downfal of the
Eaftern empire demands our notice, and the
reader may be amufed with the various profped

of,

. tt^ean^ the ruftjc idiom, of the mountains of Aifyrja and the villages of
Irak (Gregor. Abulpharag. Hift. Dynaft. p. 1 1 ,). On the Syriac, fee
Ebed-Jefu (Afleman. tom. iii. p. 326, &c.), whofc prejudice alone
could prefer it to the Arabic.

(hi) 1 (hall not enrich my ignorance with the fpoils of Simon,
Walton^ Mill^ Wetftein, Aflemannus, Ludolphus, La Croze, whom
I have confulted with fome care. It appears, i. 'that of all the ver-
fions which are celebrated by the fathers, it is doubtful whether any
are now extant in their priftine integrity. %. That the Syriac has the
bed claim *, and that the confent of the Oriental fc^s is a proof that ia
more ancient thui their fchifm.

OF THE ROMAN EMPIRE. 305

of, I. TheNeftorians. 11. The Jacobites (112)-
III. The Maronites. IV. The Armenians. V.
The Copts ; and, VI. The Abyffinians. To
the three former, the Syriac is common ; but of
the latter, each is difcriminated by the ufe of a
national idiom ^ Yet the modern natives of Ar-
menia and A^yffinia would be incapable of con-
verfmg with their anceftors j and the Chriftians
of Egypt and Syria, who rejedl the religion^ have
adopted the language, of the Arabians. The
lapfe of time has feconded the facerdotal arts ;
airf in the Eaft, as well as in the Weft, the Deity
is addi*efled in an obfolete tongue, unknown to
the majority of the congregation.

I. Both in his native and his epifcopal pro- i. th«
vince, the herefy of the unfortunate Neftorius n«stq-
was fpeedily obliterated. The Oriental bifliops, *"^''''
who at Ephefus had refifted to his face the arro-
gance of Cyril, were mollified by his tardy con-
ceflions. The fame prelates, or their fucceffors,
fubfcribed, not without a murmur, the decrees
of Chalcedon ; the power of the Monophyfites
reconciled them with the Catholics in the con-
formity of paflion, of intereft, and infenfibly of
belief; and their laft reludant figh was breathed
in the defence of the three chapters. Their dif-
fenting brethren, lefs moderate, or more fincere,
were cmftied by the penal laws ; and as early as
the reign of Juftinian, it became difficult to find

Vol. VIII. X a church

(112) On the account of the Monophyfites and Ncllorians,. I am
deeply indebted to the Blbliotheca OrienUlis Clemen tino-Vaticana of
Jofeph Simon Aflemannus. That learned Maronite was difpatched in
the year 17 15 by pope Clement XI. to vifit the monafteries of Egypt
and Syria, in fearch of MS. His four folio volumes publifhed at Rome
1719^1728, contain a part only, though perhaps the mod valuable,
of his exteniive proje£i. As a native and as a fcholar, he poflefled the
Syriac literature ; and, thovgh a dependent of Rome, he wilhes to be
noderate and candid. «

•$

3o6 THE DECLINE AND FALL

a church' of Ncftorians within the limits of the
Roman empire. Beyond thofe limits they liad
difcovefcd a new world, in which they might
hope for liberty and afpire to conqueft. In Per-
fia, not^^ithftanding the refiftance of the Magi,
Chriflianity had ftruck a deep root, and the na*
tions of the Eaft repofed under its falutary ihade.
The catholicy or primate, reiided in the capital :
in his fynods, and in their diocefes, his metropo- ,
litans, bifhops, and clergy, reprefented the
pomp aad order of a regular hierarchy : they re-
joiced in the increafe of profely tEs, who were con-
verted from the Zendavefta to the Gofpel, from
the fecular to the monaftic life ; and their zeal
was ftimulated by the prefence of an artful and
formidable enemy. The Perfian church had
been founded by the miflionaries of Syria ; and
their language, difcipline, and dodtrine, were
clofely interwoven with its original frame. The
catholics were elefted and ordained by their own
fufFragans % but their filial dependence on the pa-
triarchs of Antiodi is atteftad by the canons of
the Oriental church (i i q). In the Perfian fchool
of Edeffa(ii4), the rifmg generations of the

faithful

( 1 1 j) Sec the Arabic cinom of Nice in th^ tranftatioa of Abraham
Ecchelcnfis, N? 37, 38, 39, 40. Concil. torn. ii. p. 335, 336. edit,
yenet. Thcfc vulgar titles, Nicene and ^rabky arc both apocryphal.
The cruncilof Nice enaAed no more thaa twenty canons (Thcodoret.
Hill. Ecclef. 1. i. c. 8. ) ; and the remainder, Icvcnty or eighty, were
colledlcd from the fynods of the Greek church. l*hc Syriac edition of
Maruthas is no longer extant (Aff^man. Bibliot. Oriental, torn. i. p.
195, torn. iii. p. 74»), and the Arabic verfion is marked with many re-
cent interpolations. Yet this code contaias many curious relics of cc-
clcfuftical difcipline; and fince it is equally revered by all the eaftein
communions it was probably finilhed before the fchifm of the Ncfto-
rians and Jacabites (Fabric. Bibliot. Grsec. torn xi. p. 3^3— S^S"?.)-

(114) Theodore the reader (I. ii. c. 5. 49. ad caleem Hid. Ecclef.)
has noticed this Perfian fchool of Edefla. Its ancient fplendour, and
the two «ras of its downfal (A. D. 431 and 489), are clearly difcuffcd
hy Aflcmanni (BtUlot. Oriem. torn. ii. p. 40*. iii. p. 37^. 378. iv. p.
70. 924.).

OF THE ROMAN EMPIRE. 367

faithful imbibed their theological idiom; they
ftudied in the Syriac verfion the ten thoufand vo-
lumes of Theodore of Mopfueftia, and they re-
vered the apoftolic faith and holy martyrdom of
his difciple Neftorius, whofe perfon and language
were equally unknown to the nations beyond the
Tigris. The firft indelible leflbn of Ibas bifliop
of EdefTa, taught them to execrate the Egyptians^
' who, in the fynod of Ephefus, had impioufly
confounded the two natures of Chrift. The
flight of the matters and fcholars, who were
twice expelled from the Athens of Syria, difperfed
a crowd of miffionaries inflamed by the double
2eal of religion and revenge. And thcirigid uni-
ty of the Monophyfites, who, under the reigns
of Zcno and Anaftafius, had invaded the thrones
of the Eaft, provoked their antagonifts, in a
land of freeedom, to avow a moral, rather than a
phyfical, union of " the two perfons of Chrift.
Since the firft preaching of the gofpel, the Safla-
nian'kings beheld with an eye of fufpicion, a raCe
of aliens and apoftates, who had embraced the
religion, and who might favour the caufe, of the
hereditary foes of their country. The royal
edicts had often prohibited their dangerous cor-
refpondence with the Syrian clergy ; the progrefs
of the fchifm was grateful to the jealous pride of
Perozes, and he liftened to the eloquence of an
artful prelate, who painted Neftorius as the
friend of Perfia, and urged him to fecure the
fidelity of his chriftian fubjeAs, by granting a
juft preference to the vidtims and enemies of the
Roman tyrant. The Neftorians compofed a
large majority of the clergy and people : they
were encouraged by the fmile, and armed with
the fword, of defpotifm; yet many of their
X 2 weaker

3oS THE DECLINE AND FALL

weaker brethren were ftartlcd at the thought of
breaking loofe from the communion of the Chrif-
tian world, and the blood of feven thoufand fe-
ven hundred Monophyfites or Catholics, con-
firmed the uniformity of faith and difciplirie in
the churches of Perfia(i 15).
^?p"fe!"^* Their ecclefiaffical inftitutions are diltinguifhed
A. a 500, by a liberal principle of reafon, or at leaft of po-
^' Ticy : the aufterity of the cloyfter was relaxed
and gradually forgotten ; houfes of charity were
endowed for the education of orphans and found-
lings ; the law of celibacy^ fo forcibly recom-
mended to the Greeks and Latins, was difre-
garded by the Perfian clergy ; and the number
of the eledt was multiplied by the public and re-
iterated nuptials of the priefts, the bifliops, and
even the patriarch himfelf^ To this ftandard of
natural and religious freedom, myriads of fugi-
tives reforted firomall the provinces of the Eaflern
empire.: the narrow bigotry of Juftinian was pu-
nifhed by the emigration of his moft induftrious
fubjefts ; they tranfported into P'erfia; the arts
both of peace and war : and thole who deferved
the favour^ were promoted in the fervice, of a
difcerning monarch. The arms of Nufhirvan
and his fiercer.grandfon, were affifted with advice
and money, and troops, by the defperate fedla-
rios who ftill lurked in their native cities of the
Eaft ; their ^eal was rewarded with the gift of the
Catholic churches : but when thofe cities and
churches were recovered by Heraclius, their open

profeliibn

^115) A diflcrtation on the (late of the Ncftcrians has fwelled in
the hands of AfTemanmi to a folio volume of 9^0 pages, and Bis learned
refearches arc digcftcd in the moft lucid order. Befides this iv«*» vo-
lume oithtBiblictheca Orientality the extrafts in the three preceding
tome< (torn. i. Pvioj. ii. p. 3*1—463. iii. 64^—70. ^78— ^3^5, fitc.
403—408. 58g«-58^.) may be ufcfnlly confultcd.

OF THE'ROMAN EMPIRE. 309

profeflion of treafon and herefy compelled them
to feek a refuge in the realm of their foreign ally.
But the feeming tranquillity of the Neftorians was
often endangered, and fometimes overthrown.
They were involved in the common evils of Ori*
ental defpotifmi : their enmity to Rome could
not always atone for their attachment to the gof*
pel : and a colony of three hundred thoufand Ja-
cobites, the captives of Apamea and Antioch,
was permitted to eredt an hoftile altar in the face
of the catMic^ and in the funfliine of the court.
In his laft treaty, Juftinian introduced fome con^
ditions which tended to enlarge and fortify the
toleration of Chriftianity in Perfia. Theempc'*
ror, ignorant of the rights of confcience, was
incapable of pity or efteem for the heretics who
denied the authority of the holy fynods : but he
flattered himfelf that they would gradually per-»
ceive the temporal benefits of union with the
empire and the church of Rome \ and if he failed
in exciting their gratitude, he might hope to pror*
voke the jealoufy of their fovefeign. In a later
age, the Lutherans have been burnt at Paris and
protedted in Germany, by the fuperftition ind
policy of the moft Chriftian king.

Thedefireof gaining fouls for God, and fub-J^'' «!'"'',
jefts for the church, has excited in every age the xl^l^uil]
diligence of the Chriftian priefts. From the con- china, &c,
quefts of Perfia they carried their fpiritual arms 500-^iaop;
to the north, the eaft, and the fouth ; and the
fimplicity of the gofpel was fafhioned and paintr
ed with the colours of the Syriac theology. In
the fixth century, according to the report of a

Neftorian

3IO THE DECLINE AND FALL

Neftorian traveller (ii6), Chriftianity was fuc-
cefsfully preached to the Badrians, the Huns,
the P. rfians, the Indians, the Perfarmenians, the
Medes, and the Elamites ; the Barbaric churqhes,
from the gulfof Perfia to theCafpian fca, were
almoft infinite j and their recent faith was con-
fpicuous in the iiumber and fanftity of their
monks and martyrs. The pepper coaft of Mala-
bar, and the ifle3 of the ocean, Socotora and
Ceylan, were peopled with an encreafirig muK
titude of Chriftians, and the biftiops and clergy
of thofe fequeftered regions derived their ordinil-
tion froni the catholic of Babylon. In a fubfc-
quent age, the zeal of the Neftorians overleaped
the limits which had confined the ambition and
curiofity both of the Greeks and Perfians. The
miffionaries of Balch and Samarcand purfued
without fear the footfteps of the roving Tartar,
^nd infinuat dthemflvcs into the camps of the
vallies of Imaus and the banks of the Selinga.
They expofed a nietaphyfical creed to thofe illi-
terate (hepherds : to thofe fanguinary warriors,
they recommended humanity and rcpofe. Yet
a khan, whofe power they vainly magnified, is

faid

(ii$) See the Topognphit ChnftUnt of Cormas, fumaiped ladi-
coplendesy or the ladian navigator, J. iii. p. ijZ, 179. 1, xi. p. 337.
The entire work, ^f which fome carious extra^s may be found in
Photius (cod. xxxvi. p. 9, lo.edit. Hoefchel), Thevenot (in the i'*
Part of his Relations des Voyages, &c.)« and Fabricius (Bibliot. Grace.
1. iii. c 2$. torn. 11. p. 603 — ^17. }• has been publifhed by father Mdnt*
faucon at Paris 1707, in the Nova Coliedlio Patrum (torn. ii. p. 113
—346.). It was the defign of the author to confute the impious here-
fy of thoje who maintain that the earth k a globe, and net a flat ob-
long table, as it is ceprefented in the Scripture^ (1. ii. p. 138.). But
the nonfenfe of the monk is mingled with the pra^Ical knowledge of
t^e traveller, who performed his vp^age A. D. $22, and (tablifhed hts
book at Alexandria A. D. $47 j^ii- p. 140, 141. Montfaucon, Praefat.
c. 2.). The Neflorianifm of Cofmas, unknown to his learned editor,
wasdetedled by La Croze (Chriftianifme des Indes, torn. i. p. 40—
5$.), and is confirmed by Aflemanai (Bibliot, Orient, torn. iv. p. 605 ,
006. ).

OF THE ROMAN EMt>IRE. 311

faid to have received at their hands the rites of
baptifm, and even of ordination ; and the fame
of Prefier or Prejbyter ]o\in{i 1 7; has long amufed
the credulity of Europe, The royal convert was
indulged in the ufe of a portable altar 5 but he
difpatched an embafly to the patriarch, to enquire
how, in the feafon of Lent, he ihould abftain
from animal food, and how he might celebrate
the eucharift in a defert that produced neither
corn nor wine. In their progrefe by fea and land,
the Neftorians entered Qiina by the port of Can-
ton and the northern refidence of Sigan. Unlike
the fenators of Rom<6, who dffumcd with a finile
the chara<fters of priefts and augurs, the manda-
rins, who affed in public the reafon of philofo-
phers, are devoted in private to every mode of
popular fuperftition. They cherifhed and they
confounded the gods of Paleftine and of India ;
but the propagation of Chriftianity awakened the
jcaloufy of ihe ftate, and after a fliort viciffitude
of favour and perfecurion, the foreign feft ex-
pired in Ignorance and oblivion (i 1 8). Under
the reign of the caliphs, the Neftorian church was

diffufed

(117) la Its long piDgrefs to Mofal, Jernfalera, Rome, &c. the
Aory of Prefter John evaporated in a mondrous fable, of which fome
features have been borrowed from the Lama of Thibet (Htft. Genea*
log^Iqoe des Tartares, P. ii. p. 42, Hid. dcGengifcan, p. 31, &c.},
and were ignorantly transferred by thf Portngnefe to the emperor of
Abyflinia(LudoIph. Hid. iEthiop. Comment. 1. ii. c. i.). Yet it is
probable that in the xi*^ and xii^* ccnCurie!!, Neftorian Chriftiahity
was profeifed in the hord of the Keraites (d'Herbclot, p. 15^.915.
9$9. Aflemannf, torn, i v. p. 468— $04.}.

(118) The Chriftianity of China, between the fcvcnthand thirteenth
century, is invincibly proved by the confent of the Chinefe, Arabian,
5yriac, and Latin evidence (Aflemanni, fiibliotfa. Orient, torn. iv. p.
50ft— 55 X. M^m. del* Academic des Infcript. torn. xxx»p« Boi<— 819.K
The infcription of Siganfu, which defcr.bes the fortunes of the Neftorian
church from the firft mlflion A. D. 636, to the current ytu 781, is ac-
cufed of forgery by La Croze, Voltaire, &c. who become the dopes
of their owa cusaiog, while they «re tfraid of • Jefuiftical
fraud.

3U THE DECLINE AND FALL

diffiifed from China to Jerufalem and Cyprus ;
and their numbers, with thofe of the Jacobites,
were computed to furpafs the Greek and Latin
communions (119). Twenty-five metropolitans
or afchbifliops compofed their hierarchy, but fe-
veral of thefe were difpenfed, by the diftance and
danger of the way, from the duty of perfonal at-
tendance, on the eafy condition that every fix
years they (hod Id teftify their faith and obedience
to the catholic or Patriarch of Babylon, a vague
appellaVion, which has been fucceffively applied
to the royal feats of Seleucia, Ctefiphon, and Bag-
dad. Thefe remote branches are long fmce wi-
thered, and the old patriarchal trunk (120) is
now divided by the £//; jAj of Moful, the repre-
fentatives, almoft in lineal defccnt, of the genu-
ine and primitive fucceffion, the Jofephs of Ami-
da, who are reconciled to the chutch of
Rome (121), and the Simeons of V an or Ormia^
: whofe revolt, at the head of forty thoufand fa-

milies, was promoted in the fixteenth century by
the Sophis of Perfia. The number of three hun-
dred thoufand is allowed for the whole bcdy of
the Neftorians, who, under the name of Chal-
daeans or Aflyrians, are confounded with the
moft learned or the moft powerful nation of Eaf-
tem antiquity, .

According

(119) Jacobitse et Neftoritnc plnres quam Greci et Latiiti^ Jacob
a yUriaco, Hift. Hierofol. i. ii. c. 76. p. 1093 inthcGcfta Dei per
Francos. Tbc numbers' arc given by Thomaflin, Difciplinc dc TEg-
Jife, torn. i. p. 172.

(f 2.0) The divifion of the patriarchate may be traced in the Biblio-
theca Orient, of Aflemanni, torn. i. p. $23—- $49t torn. ii. p. 4$7, &c.
torn, iii, p. 603, p. <?2t— ^»3, torn. iv. p. 164—169. p. 4*3- P» <^** —
629, &c.

(ill) The pompous language of Rome on the fubmiflion of a Neilo«
rian patriarch, is elegantly reprefented in the vii*^ book of Fra-Paolo,
Babylon, Niniveh> Aib^ia, apd the trophies of Alexander, Tauris,
and Ecbatana, the Tigris and Indus.

OF THEROMAN EMPIRE. 313

According to the legend of antiquity, the gof- T'* ^^"^-
pel was preached in India by St. Thonias (122). Th*fmas m
At the end of the ninth century, his ftirine, per- ^'^'^^
haps in the neighbourhood of Madras, was de- ' ' ^
voutly vifited by the ambaffadors of Alfred, and
their return with a cargo of pearls and fpices re-
warded the zeal of the Englifh monarch, who en-
tertained the largeft projects of trade and difco^
' very (123^. When the Portuguefe firft ppened
the navigation of India, the Chriftians of St. Tho-
mas had been feated for ages on the coaft of Ma-
labar, and the difference of their character and
colour attefted the mixture of a foreign race. la
arms, in arts, and poffibly in virtue, they ex-
celled the natives of Hindoftan : the hulband-
men cultivated the palm-tree, the merchants
were enriched by the pepper trade, the foldiers
preceded the nairs or nobles of Malabar, and their
hereditary privileges were refpefted by the gra-
titude or the fear of the king of Cochin and the
Zamorin himfelf. They acknowledged a Gentoo

fovereign.

(112) The Indian miflionary St. Thomas, an apoftle, aManichaean,
or an Armenian merchaat (La Croze, Chriftiamfme des Indcs, tom. L
V- 57 — 7^')t ^^ famous, however, as early as the time of Jcrom
(ad Marceliam epift. 148 ). Marco-Polo was informed on the fpot that
he iuffercd martyrdom in the city of Malabar, or Meliapour, a league
only from Madrafs (d*Anvilie, EclaiicifTemens furTInde, p. 1&5.)*
where the Portuguefe founded an epii copal church under the name of
St. Thome, and where the faint performed an annual miracle, till he
was iiienced by the profane neighbourhood of the.Engliih (La Croze,
tom. ii. p. 7 — 16.).
^ (113) Neither the author of the Saxon Chronicle (A. D. 8 83) nor
William of Malmfl>ury (dc Geftis Rcgum Anglic, 1. ii.c. 4. p. 44*)
were capable, in the twelfth century, of inventing this exiraordinary
fa6t ; they are incapable of explaining the motives and roeafures of Al«
fred \ and their hafty notice fcrves only to pr woke our curiofity. Wil-
liam oFMaimibury feels the difficultv of the enter prife, quod quivi^ in
hocfseculomiretur; and I aimed fuipe6l that the Engliih ambafladocs
collected their cargo and legend in Egypt. The royal author has not
enriched his Orofius (fee Barringtoo^s Mifcelianits) with an Indian, as
weU-as a Scandinavian voyage.

314 THE DECLINE AND FALL

fovereign, but diey were governed, even in tem-
poral concerns, by the bifhopof Angamala. He
ftill aflerted his ancient title of metropolitan of
India, but his real jurifdiAion was exercifed in
fourteen hundred churches, and he was entrufted
with the care of two hundred thouftnd fouhs^
A. D. 1 50(5, Their religion would have rendered them the firm-
^^' eft and moll cordial allies of the Portugucfe, but

the inquifitors foon difcemed in the Chriftians of
. St. Thomas the unpardonable guilt of herefy and
fchifm. Inftead. of owning themfelves the fub-
je<9tspf the Roman pontiff, the fpiritual and tem-
poral monarch of the globe, they adhered, like
their anceftors, to the communion of the Neftp^
rian patriarch; and the bifhops whom he or-
drained at Moful, traverfed the dangers of the
fea and land to reach their diocefe on the coa |lof
Malabar. In their Syriac liturgy, the names of
Theodore and Neftorius were pioully cornmemo-
rated ; they united their adoration of the two per-
fons of Chrift ; the title of the Mother of God
was ofFenfive to their ear, and they meafured
with fcrupulous avarice the honours of the Virgin
Mary, whom the fuperftition of the Latins had
alfnojl exalted to the rank of a Goddefs. When
her image was firft prefented to the difciples of
St. Thomas, they indignantly exclaimed, ** We
are Chriftians, not idoktors !*' and their fimple
devotion was content with the veneration of the
crofs. Their reparation from the weftern world
had left them in ignorance of the improvements
or corruptions of a thoufand years ; and their
conformity with the faith and pra<9ticeof the fifth
century, would equally difappoint the prejudices
of a papift or a proteftant. It was the firft care
of the minifters of Rome to mtercept all corref-

pondencc

OF THE ROMAN EMPIRE. 315

pondence with the Neftorian patriarch, and fe-r
veralof his bifhops expired in the prifbns of the
holy office. The flock, without a (hepherd, was
affaulted by the power of the Portuguefe, the
arts of the Jefuits, and the zeal of Alexis de Me-
nezcs archbifhop of Goa, in his perfonal vifita-
tion of the coaft of Malabar. The fynod of Di-
amper, at which he prefided, confummated the
pious work of the reunion, and • rigoroufly im-
pofed the doctrine and difcipline of the Roman
church, without forgetting auricular confeflion,
the ftrongeft engine of ecclefiaftical torture. The
memory of Theodore and Neftorius was con-
demned, and Malabar was reduced under the do-
minion of the pope, of the primate, and of the
Jefuits who invaded the fee of Angamala or Cran-
ganor. Sixty years of fervitude and hypocrify ^^ i^
were patiently endured ; but as foon as the Por- i599-»^^i.
tuguefe empire was Ihaken by the courage and
induftry of the Dutch, the Neftorians afTerted,
with viTOur and efFeft, the religion of their fa-
thers. The Jefuits were incapable of defending
the power which they had abufed : the arms of
forty thoufand Chriftians were pointed againft
their falling tyrants ; and the Indian archdeacon
affun^ed the charafter of bifliop, till a frefli fup-
ply (x( epifcopal gifts and Syriac miffionaries
could be obtained from the patriarch of Babylon.
Since thfeexpulfion of the Portuguefe, the Nef-
torian creed is freely profeffed on the coaft of
Malabar. The trading companies of Holland
and England are the friends of toleratif n ; but
if oppreffion be lefs mortifying than contempt,
the Chriftians of St. Thomas have reafon to com-
plain

3i6 THE DECLINE AND FALL

plain of the cold ajid filent indifference of their
brethren of Europe (124).
jAcI- ' ''• ^^^ hiftory of the Monophyfite s is lefs co-
»iT«V pious and interelling than that of the Neftorians*
Under the reigns of ^eno and Anaftafius, their
artful leaders furprifed the ear of the prince,
ufurf)ed the thrones of the Eaft, and cruftied on
its native foil the fchool of the Syrians. The
rule of the Monophyfite faith was defined with
exquifite difcretion by Sever us patriarch of An-
tloch J he condemned, in the fty le of the Henot-
icon, the adverfe herefies of Neftorius and Eu^^
tyches, maintained againft the latter the reality
of the body of Chrift,and coaftrained the Greeks
to allow that he was a liar who fpoke truth (i 25),
But the approximation of ideas could not abate
the vehemence of paflion ; each party was the
more aftonifhed that their blind antagonift could
difpute on fo trifling a difference j the tyrant of
Syria enforced the belief of Ms creed, and his
reign was polluted with the blood of three huiH
dred and fifty monks, who were 0ain, not per-
haps without provocation or refifliance, under the

walls

' (124) Concerning the Chrlftittts of St. Thomas, fee Afll^manims,
Bibliot. Orient, torn. iv. p/ 391— 407. 435 — 451. Gedde^s Church
Hidory of MaUbar ; and, above ali, La Croze, Hiftoire du Chriftian-
iime des ladcs, in two vols, ii*"*^, La Haye, i5$8, a learned and
agreeable work. They have drawn from the fame fource, the Portu-
^efe and Italian narratrves ; and the prejudices of the Jcfaits are fxifm
iicientiy corref^ed by thofe of the proteftanta,

(iz$) Oi6y tiTtif "^ivtxXnhi is the expreiHon of Theodore, in his
treatife of the Incarnation, p. 245. 147. as he is quoted by La Croze
(Hift*<lu Chriftianifme d^£thiopie ct d*Arm|nie, p. 35.), who ex-
claims, perhaps too haftily, " Quel p toyable raifonnement I'* Renauw
dot has touched (Hift. Patriarch. Alex. p. ia7-^i3&.) the Oriental
acco^nt^ of Severus ; and his authentic creed may be found in the epif-
tJe of John the Jacobite patriarch of Antioch, in the x*** century, to
his brother Mennas of Aiexaadrit (Affeman. Bibliot. Orient, torn, ii,
p. 13a— 141.).

OF THE ROMAN EMPIRE. 317

walls of Apamea (i 26). The fucceflbr of Ana- a- i>- siS-
ftafius replanted the orthodox ftandard in the
Eafl : Severus fled into Egypt 5 and his friend^
the eloquent Xenaias(i27), who had efcaped
from the Neftorians of Perfia, was fuffbcated in
his exile by the Melchites of Paphlagonia. Fifty- ^
four bilhops were fwept from their thrones, eight
hundred ecclefiattics were caft into prifon (128),
and notwithftanding the ambiguous favour of
Theodora, the Oriental flocks, deprived of their
fhepherds, muft infenfibly have been either fa-
mifted or poiftwied. In this fpiritual diftrefs, the
expiring fadion was rarived, and united, and
perpetuated, by the labours of a monk ; and the
name of James Baradaeus( 129) has been preferved
in the appellation of Jacobites^ a familiar found
which may ftartle the ear of an Englirti reader.
From the holy confeflbrs in their prifon of Con-
flantinople, he received the powers of bilhop of

Edefla

(li6)<EpIft. Archimandritirum ct Monachortim Syria Secundae ad
I*apam Hormifdam, Concil. torn. v. p. 598 — (J02. The courage of
Se. Sabts, ut Ico aniitioAis, will juftify the fufpicion that the arms of
thefe monks were oiDt always fpiritual or defeniivre (Baroaius, A. D.
513, N^7, &c.).

(117) AfTemaniiifBiMiot. Orient, torn. ii. p. 10—46.) and La Croze
(Chriftianifrtie d'Ethiopic, p. 36— 40.> will fupply the hiftory of Xe-
naias, or Philoxenup, bfftiop of Mabug, or Hierapofis, in Syria. He
was a perfe^l mafter of the Syriac language, and the author or editor
of a verfton of the New Teftamcnt. *

(iz8^ The names and titles of fifty-four bilhops who were exiled by
Juftjn, are preferved in the Chronicle of Dionyfius(apuii Aifeman.tom.
ii. p. 54.). Severus was perfonally fummoncd to Conftantinople— for
his trial, fays Liberatus (Brev. c. 19.)— that his tongue might be cut
out, fays Eva grins (1. iv. c. iv.). The prudent patriarch did not ftay
to examine the difference. This ecclefiaftical revolution is fixed by Pa-
gi to the month of September t^i the year 5 1 8 (Critica, torn. ii. p.
506.).

(149) The obfcurehiflory of Jame?, or Jacobus Baradseus, or Zan-
mIus, may be gathered fromF.utycKiu8(Annal. torn. ii. p. 144. i47-)»
Renaudot (Hift. Patriarch. Alex. p. 133.), and Affemanmis (Bibliot.
Orient, torn. i. p. 424. torn. ii. p. 64 — 69. 324 — 332. p. 414. tom. iii.
p. 385 — 388.). He fecms to be unknown to the (irccks. The Jaco-
bites themfelves had rather deduce their name and pedigree from St,
James the apoftle.

3iS THE DECLINE AND FALL

EdelTa and apoftle of the Eaft, and the ordina-
tion of fourfcore thoufand bilhops, priefts, and
deacons, is derived from the fame inexhauftible
iburce. The fpeed of the zealous mifSonary was
promoted by the fleeteft droniedaries of a devout
chief of the Arabs ; the dodrine and difcipline
of the Jacobites were trebly cftablifhed in the do-
minions of Juftinian ; and each Jacobite was
compelted to violate the laws and to hate the Ro-
ijian legiflator* The fucceflbrs of Scverus, while
^ey lurked in convehts or villages, while they
flieltered their heads in the caverns of hermits, or
the tents of the Saracens, ftill afferted, as they
now affert, their indefeafible right to the title,
the rank, and the prerogatives of patriarch of
Antioch : under the milder yoke of the infidels,
they refide about a league from Merdin, in the
pleafant monaftery of Zapharan, which they
nave cmbelliftied with cells, aqueducts, and plan-
tationsv The fecondary, though honourable
place, is filled by the maphrian^ who in his fta-
tion at Moful itfclf, defies the Neltorian catka-
lie with whom he contefts the primacy of the
Eaft. Under the patriarch and the maphrian,
one hundred and fifty archbiftiops and bifhops
have been counted in the different ages of the Ja-
cobite church ; but the order of the hierarchy is
relaxed or diflblved, and the greater part of their
diocefes is confined to the neighbourhood of the
Euphrates and the Tigris. The cities of Aleppo
and Amida, which are often vifited by the pa-
triarch, contain fome wealthy merchants and in-
duftrious mechanics, but the multitude derive
their fcanty fuftenance from their daily labour :
and poverty, as well as fupcrftition, may ipipofe
, their excelTive fafts ; five annual lents> during

which

OF THE ROMAN EMPIRE. 319

whigh, both the clergy and laity abftain not on-
ly from flefli or eggs, but even from the tafte of
wine, of oil, and of fifli. Their prefent num-
bers are efteemed from fifty to fourfcore thoufand
fouls, the remnant of a populous church, which
has- gradually decreafed under the oppreflion of
twelve centuries. Yet in that long period, fome
flrangers of merit have been converted to the
Monophyfite faith, and a Jew was the father of
Abulpharagius (i 30) primate of the Eaft, fo truly
eminent both in his life and death. In his life, he
was an elegant writer of the Syriac and Arabic
tongues, a poet, phyfician, and hiftorian, a fubtle
philofopher, and a moderate divine. In his death,
his funeral was attended by his rival the Nefto-
jFian patriarch, with a train of Greeks and Ar-
menians,, who forgot their difputes, and mingled
their tears over the grave of an enemy. • The fedt
which was honoured by the virtues of Abulpha-
ragius appears, however, to fink below the level
of their Neftorian brethren. The fuperftition of
the Jacobites is tnore abjedt, their fafts more ri-
gid (131)* their inteftine divifions are more
numerous, and their dodtors (as far as I can mea-
fure the degrees of nonfenfe) are more remote
from the precindts of reafon. Something may
poflibly be allowed for the rigour of the Mono-
phyfite theology ; much more for the fuperior in-
fluence of the monaftic order. In Syria, in
Egypt, in Ethiopia, the Jacobite monks have

ever

(130) The account of his perfon and writings is perhaps the mod
cttrious article in the Bibliotheca of Alfemannus (torn. ii. p. a44-»3ii.
under the name of Gregorws Bar-Hehrmuj). La Croze (Chriftianifme
d*Ethiopic, p. 53— 63.) ridicules the prejudicesof the Spaniards againft
the Jewifli blood iwhich fecretly defiles their church and (late.

(131 ) This extejjiift abftinence is cenfured by La Croze (p. 354.),
andevcQ by the Syrian Aflemaiiatts (toQa« i. p. %%6. torn. ii. p. 304,
30s.).

320 THE DECLINE AND FALL

ever been diftinguifhed by the aufterity of their
penance and the abfurdity of their legends.
Alive or dead they are worfliipped as the favou-
rites of the Deity •» the crofier of bifhop and pa-
triarch is referved for their venerable hands ; and
they aflunoe the government of men, while they
are yet reeking with the prejudices of the cloyf-

maeIm* hi. In the ftyle of the Oriental Chriftians, the
x«E«. " Monothelites of every age are defcribed under
the appellation oiMaronhes (133), a name .which
has been infenlibly transferred from an hermit to
a monafterv, from a monaftery to a nation.
Maron, a laint or favage of the fifth century,
difplayed his religious madnefs in Syria ; the ri-
val cities of Apamea and Emefa difputed his re-
lics, a ftately church was ereded on his tomb^
and fix hundred of his difciples united their foli-
tary cells on the banks of the Orontes. In the
controverfies of the incarnation, they nicely
threaded the • orthodox line between the feds of
Neftorius and Eutyches v but the unfortunate
queftion of one will or opyation in the two na-
tures of Chrift, was generatSi by their curious
Jeifure. Their profelyte, the emperor Heraclius,
was rejected as a Maronite from the walls of
Emefa ; he found a refuge in the monaftery of
his brethren ; and their leflbns were repaid with

the

(13^) The ftate of the Monophyfites is excellently illuftratcd m a
differtation at the beginning of the ii* volume of Aflemannus, which
contains 142 pages. The Syriac Chronicle of Gregory Bar-Hcbrsus,
or /^bulpharagius (Bibliot. Orient, torn. ii. p. 311 — 453.), purfoes
the double fcries of the Neftorian catbdtcs. and the maj^rians of the
. Jacobit-rs.

(133) The fynonymous ufe of the two words may be proved from
Eotychlus (Annal. torn. ii. p. 191. %€']» 332.); and many fimilsr
paflages which may be foand in the raelhodical table of Pocock. He
was not a<Stnated by any prejudice againft the Maronitcs of the x***
century ; and we may beliere % Mclchite, whole teftimooy is coo-
firmed by the Jacobites and Latins.

OF THE ROMAN EMPIRE. 3^1

the gift of a fpacious and wealthy domain. The
name and dodtrine of this venerable fchool were
propagated among the Greeks and Syrians, and
their zeal is expreffcd by Macharius patriarch of
Antioch, who declared before the fynod of Con-
llantinople, that fooner than fubfcribe the two
*wills of Chrift, he would fubmit to be hewn
piece-meal and call into Xht fea (i 34). A fimi-
lar or a lefs cruel mode of perfecution foon con-
verted the unrefifting fubjefts of the plain, while
the glorious title oi Mardaites (135), or rebels,
was bravely maintained by the hardy natives of
mount I/ibanus. John Maron, one of the molt
learned and popular of the monks, .aflumed the
charaAer of patriarch of Antioch ; his nephew
Abraham j at the head of the Maronites, de-
fended their civil and religious freedom againft
the tyrants of the Eaft. The fon of the
orthodox Gonftantine purfued, with pious hatred,
a people of foldiers, who might have flood the
bulwark of his empire againft the common foes
of Chrift and of Rome. An army of Greeks
invaded Syria ; the monaftery qf St. Maron
was deftroyed with fire ; the braveft chieftains
were betrayed and murdered, and twelve thou-
fand of their followers were tranfplanted to the
diftant frontiers of Armenia and Thrace. Yet
Vol. VIII. Y the

(134) Cottcil. torn. vii. p. 780. The Monothelite canfe wts fop-
ported with firmncfs and fabtlety by Conftant'ney a ^rian pricft of -
Apamea (p. 1040, &c.).

(135) ThcophaiiC8(Chron. p. 495, %^. 300. 30a. 3o6.)andCe«
drenus (p. 437. 440.) relate the exploits of the Mardaites : thenanre
(Mard, in Syriac rehtUavit) is explained by La Roqae (Voyage de U
Syrie, torn. ii. f. 53.) > the dates are fixed by Pagi ^A. -D. 676,
N' 4 — 14. A. D. 685, N» 3, 4.) ; and even the obfcUrc ftdry of
the patriarch John Maron ( AlfeiAan. BiblioC. Orient, torn. i. p. 496
—-$20.) illu^rates^ from the year ^8^ (0 707, the troubles 9i pouat
Libanns* y

3za THE DECLINE AND FALL

the humble rtation of the Maronites has furvived
the empire of Conftantinople, and they ftill en-
joy, under their Turkifti mailers, a free religion
and a mitigated fervitude. Their domeftic go-
vernors are chofen among the ancient nobility ;
the patriarch in his monaftery of Canobin, ftill
fancies himfelf on the throne of Antioch ; nine bi-
fhops compofe his fynod, and one hundred and
fifty priefts, who retain the liberty of marriage, are
entrufted with the care of one hundred thoufand
fouls. Their country extends from the ridge of
mount Libanus to the fhorcs of Tripoli ; and
the gradual defcent affords, in a narrow fpace,
each variety of foil and climate, from the Holy
Cedars, eredt under the weight of fnow (136),
to the vine, the mulberry, and the olive trees of
the fruitful valley. In the twelfth century, the
Maronites abjuring the Monothelite error, were
reconciled to the Latin churches of Antioch and
Rome (137), ajid the fame alliance has been fre-
cjuently renewed by the ambition of the popes
and the dil^refs of the Syrians. But it may rea-
fon^bly be queftioned, whether their union has
ever been perfeft or finccre ; and the learned
Maronites of the college of Rome have vainly

la-

(136 J fn the laft ccntnry twcmy large cedars ftfllFcm allied (Voyage

de la Roc}tie,tom. i. p. 68—7^.) ; at prefent they are reduced to four

or five (Volncy, torn. i. p. 264.). Thefe trees, fo famous in fcrip-

-^wtGy wc«e gua»dad by excbmmtinioatibiv : the w«od wa»fpariBg]y bor-

.«owed.foiirmallcr»flc«, (kc,\ a|i annual mai« wasr chauated under their

fliade ; and they were endowed by the Syrtau with a rtnfitive power

• oS cr^^tUg iholf branchc« tcr rt^i tbt Glow, to wVich mount Libanus

Lis kfiiaitliful- than ii is painted by Tacitus ; m«cr ardorcft opacum

. lidttinqncnfYib«q— o dariag mciaph«r (H ft. v. «.)«

, (137) The «videwe o# WiUiain of Tyre (Bift. in Geftis Dei per

Francoft, (. xx'ii, t. 8. p. io*a<) is copred or confirmed by Jaqnes dc

"HJitra (Hift. Mic»nfblym. !. it, c yy. p. 1093, lop^O- But thisun-

.Batoral>i<Mgaeetpirodi^i)ththe poUF^r.of theFracks; and Abulpfaara-

gius (who died in ia86) confidcrs the Maronites as a fe^ of Mono-

thelites (Bibliot. Orient, torn. if. p. S9Z.).

OF THE ROMAN EMPIRE. 323

laboured to abfolvc their anceftors from the guil(
of herefy and fchifm (138).

IV. Since the age of Conftantine, the Arme-iv.th«
NiANS (139) had fignalifed their attachment toA»»"*"*
the religion and empire of the Chriftians. Thc^"*'
diforders of their country, and their ignorance of
the Greek tongue, prevented their clergy from
affifting at the fynod of Chalcedoni and they
floated eighty-four years (140) in a ftateof in*
diffirrence or fufpenfe, till their vacant faith was.
finally occupied by the miiBonaries of Julian of
Halicarnaifus (141), who in Egypt, their com-
mon exile, had been vanquiOied by the arguments
or the influence of his rival Severus, the Mono*
phyfite patriarch of Antioch, The Armenians
alone are the pure difciples of Eutyches, an un-
fortunate parent who has been renounced by the
greater part of his fpiritual progeny. They
alone perfevere in the opinion, that the manhood
Y a of

(138} I finds defcriptUii and hfftory of the Maronite* m the Voyage
de USyrie et da Mont Liban par La Roque (« vols, in i%^\ Amfter-
dam, I7&3i partkuUrly toA. i. p. 4x^47, p* 174^194. toin. ii. p^
I o-*-i to. ), Id the ancient part he copies the prejudices of Kairon tnd
the other Marontces of Rome, which Afleroannns is afraid to renounce,
tnd aihamed to fnp^rt. Jabloniki (Inftitut. Hift. Chrift. torn. iii.
p. 1 85.), Niebuhr (Voyage de TArabie, &c. torn. ii. p. 346. 370--^
381.)^ and, above all, the judicious Volney (Voyage en Bgypte et ea
Syrie, torn, ii. p. 8—3 1 • Pari?, 1^87), may be confliltcd.
. ( 1 39) '^^^ religion of the Armenians is briefly defcribed by La Crose
(Hfft. duChrift. de TEthfopie Sc de TArm^ie, p. 259— 4oz.)* He
refers to the great Armenitn Hiftory of Galanuf (3 ^Is. infol. Rome»
1 5 50^- 1 55 1 ), and commebds the ftate of Armenia in the iii<^ volmnc
of the Nouveanz Memoires des MJffi6os da Levant. The work of 4
Jefuit mafthave fterHng merit whoa it is praifed by La Croxe.

(140) The fchiim of the Armcniaoa ie placed 84 years after the
council of Chaicedon (Pagi, Critica, ad A. D. 53$). It was con*
fommated at the end of feventeen years ; and it is from the ycMt <£
Cbrid $5% that we date the era of the Armenians (rArt de virifier lea
Dates, p. XXXV.).

( 141 ) The fentiments and fncdefs of Julian of HalicamaiTus may be
feen in Liberatus (Brev. c 19.), Renaudot (HiiL Patriarch. Alex. p.
i3%* 3<^hh and Aflemannua (Bibliot. Orient, Con. ii. Diflcrtatrde
Monaphyfitia, p. viii. p. %85. j.

3H THE DECLINE ANDFALL

of Chrift was created, or exifted without crcatf-
on, of a divine and incomiptible fubftance.
Their adverfaries reproach them with the ado-
ration of a phantom ; and they retort the acca-
fation, by deriding- or execrating the blafphemy
of the Jacobites, who impute to the Godhead
the vile infirmities of the flefli, even the natural
cffefts of nutrition and digeftion. The religion
of Armenia could not derive much glory from
the learning pr the power of its inhabitants. The
royalty expired with the origin of their fchifm,
and their Chriftian kings, whoarofe and fell ra
the thirteenth centuiy on the confines of Cilicia,
. were the clients of the Latins and the vaflals of
the Turkiih faltan of Iconium. 'The helplefs
nation has feldom been permitted ta en^oy the
tranquillity of fervitude. Fram the earlieft pe-
riod to the prefent hour, Armenia has been the
theatre of perpetual war ; the lands between
Tauris and Erivan were difpeopled by the cruel
policy of the Sophis; and myriads of Chrif-
tian fanailies were tranfplanted, to perifli or to
propagate in the diftant provinces of Perfia.
Under the rod of oppreflion, the zeal of the Ar-
menians is fervent and intrepid: they have
'often preferred the crown of martyrdom to the
white turban of Mahonet ; they devoutly hate
the error and idolatry of the Greeks ^ and their
tranfient union with the Latins is not lefs devoid
of truth, than the thoufand bifhops whom their
patriarch ofiered at the feet of the Roman pon-
tiff (14 2). The catholic or patriarch of the Ar-
menians refides in the monaftery of Ekmiafin,

three

(144) Sep a remarkable faft of ^hc xii*** centnry m the Hfftory of
"NicetasChohiates (pri$^.). • Yet three hundred years before, Photius
(Kpiftoi. ii. p. 49. /edit. Mootacul) had gloried ia the co&veriioa of the

OF THE ROMAN EMPIRE; ^ 325

three leagues from Erivan, Forty-feven arch»
bifhops, each of whom may claim thf obedi-
ence of foiir or five fuffragans, are confecrated
by his hand; but the far greater part are only
titular prelates, who dignify with their prefence
and fervice the fimplicity of his courjt. As foon
as they have performed the liturgy, they cultivate
the garden; and our bifbqps will hear \\dth fur^
prife, that the aufterity of their life encreafes in
juft proportion to the elevation of their rajik.
In the fourfcore thouland towns or villages of
his fpiritual empire, the patriarch receives a fmall
and voluiitary tax from each perlbn above the
age of fifteen; but the annual amount of fix hun-.
dred thoufand crowns 13 infufficient to fupply the
inceflant demands erf* charity and tribute, Sinc^
the beginning of the laft century, the Armenians
have ^taine4 a large and lucrative ihare of th?
commerce p£ the Eaft : in their return frppi Eur
Tope, the caravan ufually h^lte in the neighbour-
hcHod of Erjvan, the alters are enriched with
the fiyits of their patient, ioduftry ; and the faith
of Eutyches U preachpd in their recent congre-
gaticHisof Barbary and Poland (i43)*

v.. Jn the reft of the Ronian empire, the def- v. Th»
potifm of the prince uiight eifadicate or filence^®'^^^^
the fejftaries of an pbnoxions creed* But the anI"*'
ftubbom temper of thp Egyptians ipaintaiDed
their oppofition to the fynod of Chalcedon, and
the policy of Juftinian condefcended to expetSt
^d to fei^e die opportunity of fiifcprd. The
. * * ' Monftr

(143) The triveliing ArmcniaQS arc in the wiy of every trgvelJcr,
and their mother church is on the high-road bcty^reen Conftantinople and
Ifpahan: JTor their prefent ftale, fee Fabricins (Lux fivaageni^ 'dec. <;.
zxzviii. f. 4CM-.5U), Olearius (I. iv. c. 4o.)j Chardin (vol. ii. p. 23a. )i
Tournefort (iettre xx.), and, above ail, Tavernicr (torn. i. p. 18—37.
$i<?^^$i90» ^^^ rjonbiing jeweller, whoh«d read nothing, but ha4
Teen fo much and fo well.

326 THE DECLINE AND FALL

Monophyfiie church of Alexandria (14.4) was
torn by the difputes of the corruptibles and incor*
ruptibks^ and on the death of the patriarch, the
two faftions upheld their refpeftive candidates
(14.5).' Gaian was the difciple of Julian, The-
odofius had been the pupil of Severus: the
Zch Thct claims of the former were fupported by the con-
dofiaa, fent of the monks and fenators, the city and
537~^i8- the province; the latterdepended on the priority
of his ordination, the favour of the emprefs
Theodora, and the arms of the eunuch Narfes,
which might have been ufed in more honourable
warfare. The exile of the popular candidate
to Carthage and Sardinia, inflamed the ferment
of Alexandria; and after a fchifm of one hun-
dred and feventy years, the Gaianites ftill re-
vered the memory and dodirine of their founder.
The ftrength of numbers and of difcipline was
tried in a defperat^ and bloody conflift ; the
ftrcets were filled with the dead bodies of
citizens and foldiers; the pious women, ^fcend-
ingthe roo6 of their* hoirfes, fhower^ down
every Iharp or ponderous utenfil on the heads of
the enemy ; and the final vifiory of Narfes was
owing to the flatoes, with whicn he wafted the
third capital of the Roman world. But the
Ptuu fjieutenapt of Tuftihian had not conquered in the
A. a 538. ^j^uf^ of an heretic; Theodofius himfelf was
foeedily though gdntly removed ; and Paul of
Tanis, an orthodox monk, was raifed to the
throng of Athanafius. The powers of govern-
ment were ftrained in his fupport ; he might ap-
point

(144) The hiltory of the Mcxaadriw pttriarclMf it<m Diofconu to
Beiii«miD> i^ukenfromKcoaudoi (p. 114-— U4.}4nd the fccond tome
ftf UK AonaJs of £uty«hiuF,

. (14$) Uberae. Brcv. c« ^o* ty 'Vi^^* Chroo..p. ^«9>330. Pro*
cop. Anecdot, c. a5> 27.

OF THE ROMAN EMPIRE. ^27

EDint or difplace the ^uks^ and tribunes of
gypt; the allowaince of briead which i)tecle-ir
tian had granted, was fuppreffed, the churches
were fhut, and a nation 6£ fchifitiatics was de-
prived at once of their Ipititual and tarnal food.
In his tiim, the tyrant Was e:^coinmuhicated by
the ^eal and revenge of the people; and nont
except his fervile Melchites Would faitite him as
a man, a Chriftian, or a bifh6p. Yet fticK ii
the blindnefs of ambition, that, Wheffi Pkvil Was
expelled on a charge of nfiurderj he. foKtited,
with a bribe of feveii hiindred pounds of gold,
his reftoration to the fame ftation of hatred and
ignominy, His fucceflbr Apollinaf is Entered the Apoiiinari*,
hoftile city in militarjr array, alike qualified fot ^' ^- 55"-
prayer or for battle. His troops, under arms,
were diftributed through the ftreets ; the gates
of the cathedral were guarded, and a chofeti
band was ftationed in the choir to defend the
perfoia of their chief He ft6od ereft on his
throne, and throwing afide the upper garment
of a warrior, fuddenly appeared before the eyes
of the multitude in the robes of patriarch of
Alexapdria, Aftonilhitient held them mute;
but no fooner had Apollinaris began to read the
tome oT St. Leo, than a volley of ctttfes, and
inveftives, and ftones, aflaulted the odious mi-
^ifter of the emperor and the fynod. A charge
was inftantly founded by the fticceflbr of the
apoffles ; the foldiers waded to their knees ih
blood; and two hundred thoufand Chriftiaas
are faid to have fallen by the fword: art incre-r
dible account, even iif it be extended from the
(laughter of a day to thie eighteen years of the
reign of ApoHinari&j Tmto fucce^ing patri-

328 THE DECLINE AND FALL

Eniofiw, archs, Eulogius(i4.6) and John (14.7, laboured
A. . 580. j^ ^^ converfion of heretics, with arms and ar-
guments more worthy of their evangelical pro-
feflion. The theological knowledge of Eulo-
gius was difplayed iji many a volume, which
magnified the errors of Eutyches and Severus, and
attempted to reconcile the ambiguous language
of St. Cyril with the orthodox creed of pope
Leo ^nd the fathers of Chalcedon. The boun-
teous alms of John the eleemofynary were die-
John, tated by fuperftition, or benevolence, or policy.
^ ' ^^' Seven thoufand five hundred poor were main-
tained at his expence; on his acceflion, he found
eight thoufand pounds of gold in the treafury of
the church ; he colleded ten thoufand from the
liberality of the faithfiil ; yet the primate could
boaft in his teftament, that he left behind him
no more than the third part of the fmalleft of
the filver coins. Th^ churches of Alexandria
were delivered to the Catholics,^ the religion of
the Monophyfites was profcribed in Egypt, and
a law was revived which excluded the natives
from the honours and emoluments of the ftate.
Their fcpa- ^ morc important conqueft ftill remaiiied, of
dcca°P^" the patriarch, the oracle and leader of the Egyp-
tian

(145) EnIogitM, who had bccft a monk? of Antiooh^ was more con-
fpicBOtts for fubtlcty than eloquence. He proves that the enemies of
the faith, the Gaianites and Thecdofianr, ought not to be reconcHed;
that the fame propofitioo may' be orthodox in the mouth of St. Cyril,
heretical in that of Severus ; that the oppoiitc alfertions of St Leo ate
equally true, &c. Hin writings are no longer extant, except in the
Sxtra^s of- Ph^i^e, who had pervfed them with care and ratisfadtion,
cod. ccviii^ ccxxv, ccxxvi, ccxxvii. ccxxx. cclxxx.

(1:17) Sec the life of John the eleemofynary by his contemporary .
Leoocius,- biihop of Ncapoli« in Cyprus, whofe Greek text, either loft
or hidden, is reflected in the Latin vcrfion of Bardnius {A. D. 6io,
N» 9. A. D. 6io, N<» 8.). Pagi (Critica, ,tom. ii. p. 763.) and
Fabricins (1. v. c. 11. tom.vii. p. 454.) have made foroc critical obfer*
vations.

OF THE ROMAN EMPIRE. 3^9

rian church. Theodofius had refifted the threats
and promifes of Juftinian with the fpirit of an
apoftle or an enthufiaft. " Such/' replied the
patriarch, " were the offers of the tempter
** when he fhewed the kiogdoms of the earth.
^* But my foul is far dearer to me than life or do-
^' minion. The churches are in the hands of a
" prince who can kill the body; but my con-
** icience is my own ; and in exile, poverty, or
*^ chains, I will ftedfaftly adhere to the faith of
*^ my holy predeceffors, Athanafius, Cyril, and
** Diofcorus. Anathema to the tome of Leo
** and the fynod of Chalcedon! Anathema to ill
*^ who embrace their creed ! Anathema to them
*^ now and for evermore ! Naked came I out of
** my mother's womb, naked Ihall I defcend^
*' into the grave. Let thofe who love God,
*^ follow me and feek their falvation." After
comforting his brethren, he embarked for Con-
ftantinople, and fuftained, in fix fucceflive in*
terviews, the almoft irrefiftible weight of the
royal prefence. His opinions were favourably
entertained in the palace and the city ; the influ-
ence of Theodora aifured him a fafe condud and
honourable difmiffion ; and he ended his days,
though not on the throne, yet in the bofom, of
his native country. On the news of his death,
ApoUinaris indecently feafted the nobles and
the clergy; but his joy was checked by the in-
telligence of a new ele^iion ; and while he en-
joyed the wealth of Alexandria, his rivals
reigned in the monafteries of Thebais, and
were maintained by the voluntary oblations of
the people. A perpetual fucceffion of patriarchs
arofe from the alhes of Theodofius; and the
Monophyfite churches of Syria and Egypt were

united

330 THE DECLINE AND FALL

united by the name of Jacobites and the commu-
nion of the feith. But the fame faith, which has
been confined to a narrow feft of the Syrians,
was difiufed over the mafs of the Egjrptian or
Coptic nation; who, almoft unanimoufly, re-
jedled the decrees of the fynod of Chalcedon*
A thoufand years were now elapfed fince Egypt
had ceafed to be a kingdom, fince the conque^
rors of Afia and Europe had trampled on the
ready necks of a people, whofe ancient wifdom
and power afcends beyond the records of hif-
tory. The conflid oi zeal and perfecution re-
kindled fome Iparks of their national fpirit.
They abjured, with a foreign herefy, the man-
ners and language of the Greeks : every Mel*
chite, in their eyes, was aftranger, every Jaco-
bite a citizen; the alliance of marriage, the c^
fices of humanity, were condemned as a deadly
fin; the natives renounced all alliance to the
emperor; and his orders, at a diftance fiom
Alexandria, were obeyed only under the preffure
of military force. A generoije eflTort might have
redeemed the religion and liberty o? Egypt, and
her fix hundred monafteries might have poured
ibrth their myriads of holy warriors, fi>r whom
death ftiould have no terrors, fince life had no
comfort or deKght, But experience has proved
the diftin&ion of aftive and paffive courage ;
•the fanatic who endiaes without a groan the tor-
ture of the rack or the ftake, would tremble and
fly before the face of an armed enemy. The
pufillanimous temper erf* the Egyptians could on-
ly hope fDT a change of mailers ; the arms of
(Jhofroes depopulated the landy yet under his
reign the Jacobites enjoyed a fhort and preca-
rious Dcfpite, The vidory of H^aclius renewed

an4

OFTHEROMANEMPIRE. 331

and aggravated the perfecution, and the patriarch
again efcaped from Alexandria to the defert. In Beajamiay
his flight, Benjamin was encouraged by a voice,-p^J^:{*^^'*
which bad him expert, at the end of ten years, a. d.
the aid of a foreign nation, marked like the <^*5—^^«'
Egyptians themlelves with the ancient rite of
ciicumcifion.

The charader of thefe deliverers, and the na-
ture of the deliverance, will be hereafter ex-
plained ; and 1 (hall ftep over the interval of ele-
ven centuries to obferve the preftnt mifery of the
Jacobites of Egypt. The populous city of Cai-
ro affords a refiderice or rather a fhelter for their
indigent patriarch, and a remnant often bifhops ;
forty monafteries have furvived the inroads of the
Arabs j and the progrefs of ferVitiide and apof-
tacy have reduced the Coptic nation to the def-
picable number of twenty-five or thirty thoufand
families (148) ; a race of illiterate beggars, whofc
only confolation is derived from the fuperior
wretchednefs of the Greek patriarch and his di-
minutiye congregation (140}.

VL The

(148) This oamber is takcA Erom the cnriovs Rechcrchss fur let
]^gyptien$ et les Chinots (com. ii. p. 191, 1^3.)) ui4 appears more
probable than the <Soo,ooo ancient,] or 1 s»ooo modern, Copts of Ge*
melli Carreri. Cyril Lacar, the proteflant patriarch of Conftantioo-
ple, laments that thoi'e heretics were tea times more numerous that
ht9 orthodox Greeks^ ingenioufly applying the it^XXttt 3ct9 ^ncoiht
tivctxro civ^x^M of Homer j( Iliad if . i a 8. ), the raoft perfca expreffioa
of contempt (Fabric. Lux Evangellii, 740.}.

(149) Thehiftory of the Copts, their religion, manners, &c, may
be found in the Abbe Rcnaudot's motley work, neither a tranflation nor
an original •, the Chronicon Oricntale of Peter, a Jacobite ; in the
two vcrfions of Abraham Ecchclleniis, Paris, 1651-, and John Simon
AflTcman, Venct, 1719. Thefe annals defcend no lower than the xiii**
century. The more recent accounts muft be fearchcd for in the tra-
vellers into Bigypt, and the N6uveauxMemon'csde8Miflion3du Levant,
Up the laft century, Jofcph Abudacnus, a native of Cairo, puWiihed at
Oxford^ in thirty pages, a flight Hiftoria Jacobitarum, 147. poft
150.

33t THE DECLINE AND FALL

VI. The VL The Coptic patriarch, a rebel to the Cas-
sit^AKs fars, or a flave to the khalifs, ftill gloried in the
Ann Nw- filial obedience of the kings of Nubia and Ethi-
opia. He repaid their homage by magnifying
their greatnefs : and it was boldly afTerted that
they could bring into the field an hundred thou-
fand horfe, with an equal number of camels (i 50) ;
that their hand could pour or reftrain the waters
of the Nile (151) ; and the peace and plenty of
Egypt was obtained, even in this world, by the
interceffion of the patriarch. In exile at Conftan-
tinople, Theodofius recommended to his pa-
tronefs the converfion of the black nations of
Nubia (152), from the tropic of Cancer to the
confines of Abyffinia. Her defign was fufpedted
and emulated by the more orthodox emperor.
The rival miflionaries, a Melchite and a Jaco-
bite, embarked at the fame time ; but the em-
prefs, from a motive of love or fear, was more
cfFeftually obeyed ; and the Catholic prieft was
detained by the prefident of Thebais, while the

king

(150) About the year 737. See Renaadot, Hift. Patriarch. Alex.
p. zzi, 22Z. Blmacio, Hifl.Sar&cen. p«99.

(151) Ludoiph, Hift. iEthiopic. ct Comment. I. i. c. 8. Renaudot,
Hift. Patriarch. Alex. p. 4^0, 6cc. This opinion, introduced into
Kgypt and Earopfe by the artifice of the Copt^, the pride of the Abyl-

' linian^i, the fearandignorance of the Turkfi and Arabs, has not even the
icmblance of truth. The rains oi'iCthiopia do one, in the encreafe of
the Nile, confult the will of the monarch. If the river approaches at
Napata, within three days journey of the Red Sea (fee d'AnviIle*s
Map-, a canal that (houid divert its courfe would demand, and moft
prpbably furpaf*:, the power of the Caefar^

(152) The Abyffinians, who ftill prefcrve the features and olive
ccmpJexion of the Arabs, afford a proof that two thoufand years are
not iufficien^ to change the colour of the human race. The Nubians,
an African race, are pure negroes, as black as thofe of Senegal or Con-
go, with flat nofes, thick, lips, and woolly hair (BufFon. Hift. Natu-
rclle, torn. v. p. 117. 143, 144. 166.219. edit, in ii""**, Paris 1769),'
The ancients beheld, without much attention, the extraordinary phs-
nomenon which has oKcrcifed the philofophersHndtheoiogiansdf naodcm
times.

OFTHEROMAN EMPIRE. 333

king of Nubia and his court were haftily bap-
tifed in the faith of Diofcorus. The tardy en-
voy of Juftinian was received and difmiffed with
honour; but when he accufed the herefyand ^
treafon of the Egyptians, the negro convert was
inftru6ted to reply that he would never abandon
his brethren the true believers, to the perfecuting
minifters of the Tynod of Chalccdon (153).
During feveral ages, the bifliops of Nubia were
named and confecrated by the Jacobite patriarch
of Alexandria: as late as the twelfth century,
Chriftianity prevailed ; and fome rites, fome ru-
ins, are ftill vifible in the favage towns of Sen-
naar and Dongola(i54). But the Nubians at
length executed their threats of returning to the
worfhip of idols ; the climate required the indul-
gence of polygamy, and they have finally pre-
ferred the triumph of the Koran to the abafement
of the Crofs. A metaphyfical religion may ap-
pear too refined for the capacity of the negro
race : yet a black or a parrot might be taught to
repeat the words of the Cbalcedonian or Monophyr
fite creed.

Chriftianity was more deeply rooted in the churcfc of
Abyffinian empire ; and, although the correfpond- ^^^'"*;
ence had been fometimes interrupted above fe- &c ^^^*
vehty or an hundred years, the mother-church of
Alexandria retains her colony in a ftate of per-
petual pupillage. Seven bilhops once com-

pofed

(i$5) Afleman. Bibliot. Orieat. torn. i. p. 329.

(154) The Chriftianity of the Nubians, A. D. 1153, " attcftcd by
theflieriiF al Edrifi, falfely defcribed under the name or the Nubian geo-
grapher (p. 18.), who reprefeots them as a nation of Jacobites. The
rays of hiftorical light that twinkle in the Hiftory of Renaudot (p. 178.
110—124. aSi — a85. 405. 434. 45 1 . 464.) are all previous m thi? sera.
See the modern ftate in the Lettres Edifiantet (Rectteil> iv.) zad Buf*
chiog (tom. ix. p. 1 51— >i s^. par Berenger).

334 THE DECLINE AND FALL

pofcd the ^thiopic fynod: bad their number
amounted to ten, they might have eledVed an in-
dqxndent primate, and oije of their kings was
ambitious of promoting his brother to the eccle-
fiaftical throne. But the event was forefeen, the
encreafe was denied j thccpifcopal cffice has been
gradually confined to the ab^m {15 5)^ the head
and author of the Abyffinian priefthocd ; the pa-
triarch fupplies each vacancy with an Egyptian
monk ; and the charadler of a ftranger appears
more venerable in the eyes of the people, lefs
dangerous in thofe of the rnonarch. In the fixtTi
century, when the fchifm of Egypt was con-
firmed, the rival chiefs, with their patrons, Juf-
t'mian and Theodora, ftrove to outftrip each
other in the conqueft of a remote and independ-
ent province. The induftry. of the emprefe was
again vr^Sorious, and the pious Theodora has ef-
lablilhed in that ftqueftered church the faith and
difcipline of the Jacobites (156). Enccmpafled
on all fides by the enemies of their religion, the
Ethiopians flept near a thoufond years, forgetful
of the world, by whom they were forgotten.
The Portt*. They were awakened by the Portuguefe, who,
gacfc in tuming the fouthern promontory of Africa, ap>-
^^a^'d/ peared in India and tlie Red Sea, as if they had
'5*5-1550, dcfcended

occ.

(155) Tiie tbuna is improperly djgnifiedb) the Latins with the titk of
fftriarcii. The Abyflinians acknowledge only the four paimichs, and
their chief is mo more than a metropolitan or national primate (Lu-
doiph. Hift. iEthiopic. et Ccmmcnt. h iii. c. 7.). The i'evcn bifhops
of Rcnaudot (p. 511.), who exiftcd A. D. 1131, arc unknown to the
Jkiftor.an.

. (156) I know not why Aflcmannus (BibL'ot. Orient, torn. ii. p. 3S4.)
(hcntd call in queft'on thefe probable miflions of Theodora into Nub a
and iEthiopia. The fl ght notices of Abyflinia till the }near iSooara
fuppLcd by Renaudot (p. 336—341. 3^^ 382^. 405- 443, &c- 45^. 45^*
463. 475- 480. 511. 515. 559— "5 (^4.) from the Coptic writers. The
miod of Lodolphtts was a perfciSl bUi;fc.

OF THE ROMAN EMPIRE. 2S5

defcended through the air from a diftant planet.
In the fifft moments of their interview, the fub-
jefts of Rome and Alexandria obfcrvcd the re-
femblance, rather than the difference, of their
faith; and each nation expeftcd the moft import-
ant benefits from an alliance with their Chriftian
brethren. In their lonely fituation, the iEthio-
pians had almoft relapfed into the favage life.
Their veffels, which had traded to Ceylon,
fcarcely prefumed to navigate the rivers of Afri-
ca ; the ruins of Axume were deferted, the nation
was fcattered in villages, and the emperor, a
pompous name, was content, both in peace and
war, with the immoveable rcfidence of a camp.
Confciousi of their own indigence, the Abyffi-
nians had formed the rational proje6t of import-
ing the arts and ingenuity of Europe (157) ; and
their ambafladors at Rome and Liflx)n were inr
ftruded to folicit a colony of fmiths, carpenters,
tilers, mafons, printers, furgeons, and phyfici-
ans, for thri ufe of their country. But the pub-
lic danger foon called for the inftant and effedual
aid of arms and foldiers, to defend an unwarlike
people from the Barbarians who ravaged the in-
land country, and the Turks and Arabs who ad-
vanced from the fea^oafl: in more formidable ar-
ray. Ethiopia was faved by four hundred and
fifty Portuguefe, who difplayed in the field the
native valour of Europeans, and the artificial
powers of the mufquet and cannon. In a mo-
ment of terror, the emperor had promifcd to re-
concile

(157) Ludolph. Hlft. Athiop. 1. iv. c. 5. The moft ncccflary arU
•fc now exer-cilcd by the Jew.% and the foreign trade is In the handt
of the Armenians. What Gregory prtncipall; admired and envied wat
the indttltry of Europe— artes et opificia.

336 THE DECLINE AND FALL

concile himfelf and h?s fubjeifts to the Catholic
faith ; a Latin patriarch reprefented the fuprema-
cy of the pope (158) ; the empire, enlarged in a
tenfold proportion, was fuppofed to contain more
gold than the mines of America ; and the wildeft
hopes of avarice and zeal were built on the
willing fubmiflion of the Chriftians of
Africa,
of ^^^ ^^^ vows which pain had extorted, were
the jcfuits, forfworn on the return of health. The Abyffi*
A.D.1557. jjjans ftiil adhered with unihaken conftancy to
the Monophyfite. faith; their languid belief was
inflamed by the exercife of difpute ; they brand-
ed the -Latins with the names of Arians and Nef-
torians, and imputed the adoration of four gods,
to thofe who feparated the two natures of Chrift.
Freraona, a place of worfliip, or rather of exile,
•was affigned to the Jefuit raiffionaries. Their
(kill in the liberal and mechanic arts, their theo-
logical learning, and the decency of their man-
ners, infpired a barren efteem ; but they were
not endowed with the gift of miracles ( 1 59), and
they vainly folicited a reinforcemwt of European
troops. The patience and dexterity of forty
years, at length obtained a more favourable au-
dience, and two emperors of Abyffinia were per-

fuaded

(158) John BermudM, whofe relation, printed at Lrfbon, 15^9,
was tranfltted into Englifc by Purchas (Pilgrims, I. vii. c. 7. p. 1 149,
Sec), and from thence into French by La Croze (Chriftiani'fmc d'Ethi-

* opie, p. 92"*z657 ). .The piece is cnrioas ; but the author may be
fufpc^ed of deceiving AbyflTnia, Rome and Portugal. His title to the
rank of patriarch is dark and doubtful (Ludolph. Comment. N*. 10 1.
P-473)-

( 1 59) Religlo Romana . . . nee precibus patmm ncc miraculisab ip^
fis editis fafFulcicbatur, is Ihe uncontradiftcd affurance of the devout

. emperor Sufneus to his patriarch Mendez, (Ludolph. Comment. N»
ia6. p. 549.) ; and fuch aflurances Ihould be prccioufly kept as an ao-
' tidote againft any marvtllotts legends.

OF THE ROMAN EMPIRE. ^37

fuaded that Rome could enfure the temporal and
everlafting happinefs of her votaries. The firft
of thefe royal converts loft his crown and his life ;
and the rebel army was fandified by the ahuna^
who hurkd an anathema at the appftate, and ab-

. folved bis fubjedts from their oath of fidelity,
The fate of Zadenghel was revenged by the cou-
rage and fortune of Sufneus, who afcended the
throne under the tiartie of Segued, and more vi.r
goroufly profecuted the pious entcrprife of his

^kinfman. After the amufement of fome unequal
combats between the Jefuits and his illiterate
priefts, the emperor declared himfelf a profelyte
to.the fynod or Ch^lcedon, prefumihg that his
clergy and people would embrace without delay
the religion of their prince. The liberty of choice
was fucceeded by a law, which jmpofed, under

•pain of death, the belief of the two natures of
eiirift : the Abyflinians were enjoined to wo^k and
to play on the Sabbath ; and Segued^^ in the face
of Europe .and Africa, retiounced his connexion
with the Alexandrian church. A Jefuit, Alphonfo coovcrfio^
Mendez, the Catholic patriarch of ^hiopia,ofthc cm-
accepted in the name of Uurban VIIL the ho- 5^^. d?,6i6.
mage and abjufation of his penitent ** I con-
** 6fs," faid the emperor on liis knees, " I con-
^* fefs thial the pope is the viqar gf Chrift,, the
*^ fuccefFor of St. Peter, end thQ.fovereign of
^* the world. To him I fwedr true obedience,
•* and at his feet I offer my perfon and king-

/* donv** A fimilar oath was repeated by his
fon, his brother^ the clergy, ^e nbbles^ and
even the ladies of the court : the Latin patriarch
was invcfted with honour* and wi&alth ; and hisi
miflSpnaries erefted their churches or citadels in
the moft convenient ftattons of the cpmire. The
Vot.Vm, jg ^ Jefuits

338 THE DECLINE AND FALL

Jefuits themfelves deplore the fatal indifcretion of
their chief, who forgot the mildncfs of the gofpel
and the policy of nis order, to introduce with
hafty violence the liturgy of Rome and the in-
quifition of Portugal. He condemned the an-
cient praAice of circumcifion, v^hich health ra-
ther than fuperftitioh had firft invented in the
climate of -Ethiopia (i66). A new baptifm, ^
new ordination was inflicted on the natives ; and
they trembled with horror when the moft holy
of the dead were torn from their graves, wheA
the moft illuftribus of the living were excommu-
nicated by a foreign prieft. In the defence qf
their religion and liberty, the Abyflinians rofe in
arms with defperate but unfucceftful zeal. Five
rebellions were extinguifhed in the blood of the
infurgdits : twp abunas were flain in battle,
whole legions were flaughtered in the. field, or
'fuffocated in their cayerns i and neither
merit, nor ^ank, nor' fex could ^fa.ye from
an ignoniinidus death the enernies of Rome.
' But the vidtorious monarch was, finally fub-
dued by thecbnftancy of the nation, of his
mother, of his fon, ^nd of his moft faithfiil
friends. Segued liftened to the vQice of. pky, of
reafqn, perhaps of fear ; and his edi£t of liberty
of cbnfcience inft^ntly revealed tbe tyranny and
weaknefe of the Jehiits, * On thp deatjii of his fa-
.. .. ..,.. \.'- . 'r, .•", '1 ther,

4 ... : I #>. •• '

( i^o) I ara tware how tender is the qoeftion of circHipcilTon. Yet I
will affirm-, I. I^iar tfa^ i^tmp'aft* have *a pByfiairrkaroii For the cfr-
cumcjfion of males, fnd .evea oCCcmalcs (llcchj;iCbc;8{Phitafophiquc8
fur Ics AmcriCafn«, torn. fi.). *i^. "I^hat it wa<; pradlircd in iElhiopia long
before tlie introdofibion of jDAiifrnVor Chrfftianityi (Kferodot. i. ii. c.
104. Marfham, Canon C.h.rofi. p. .7a,, 73^4). ♦ V JftfantcS ciccufAcldiuit
** ob confuetudinehi ndn ob Jndaifmdtn," fays Gregory thc'Abyflinian
prieft (apud Fabric. Lux Chriftiaai, p. ,7*0. )• /Yet^ ;ia the heat tf
difpute, the Pbrtugucfe were fometimcs branded wjththe name ^f ««-
€iratmcijed (La Crozc, p. to. Ludolph, Hift, tftiff CoiAmint. 1. iii.

c. I.).

OF THE ROMAN EMPIRE. 339

ther, Bafilides expelled the Latin patriarch, and
reftored to the wilhes of the nation the faith and
difcipline of Egypt. The Monophyfite churches twai «-
rcfounded with a fong of triumph, " that the l^^V^^
*' flicep of Ethiopia were now delivered from the a.^d. is^xj
" hyaenas of the Weft ;'* and the gates of that8««-
folitary realm were for ever (hut againft the
arts, the fcience, and the fanatacifm of Eu-
rope (161),

• (i6i) The three proteftant hiftoritm, Ludolphus (Hift. iBthiopi.
ca, Francofurt, 1681 ; Commcntariup, 1691 • Rclatio Nova, 5cc.
1693, in folio), Geddcs (Church HKtory of i£thiopia, Londofi^
16^, in 8vo)y and La Croze (Hid. du Chriftianifmc d*£thi-
opic ct d'Armenie* La Hayc, 1739, in iz««»), have drawn their prin-
f:jpal materials from the Jefuits, efpecially from the General Hiftory of
Tellez, publiihed in Portugaefe at Conimbra, j66o» We might be
furprifcd at their franknefs ; but their mod flagitious vice, the fpirit
of persecution, was in their eyes the rood meritorious virtue. Lndol-
phus poiTeHcd fome, though a flight, advantage from the^thiopic km*
guagc, and the perfonal converfation of Gregory, a firee-fpiritcd Abyf^
iinian prieft, whom he iorited from Rome to the court of Saxe-Gotha.
Sec the Theoiogia Athiopica of Gregory, in Fabricius, hvi Evangeiii,
9f 7«6-*-734»

END OP THE EIGHTH VOLUM«*

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